emmanuel fredrick mlaponi vs emmasai tanzania enterprises limited 2 others 2022 tzhclandd 43 22 february 2022

Applicant satisfied all three conditions for temporary injunction; there is a serious issue to be tried regarding ownership and mortgage, irreparable injury may occur if property is sold, and balance of convenience favors maintaining status quo.

Citation: emmanuel fredrick mlaponi vs emmasai tanzania enterprises limited 2 others 2022 tzhclandd 43 22 february 2022
Parties: Applicant: Emmanuel Fredrick Mlaponi; 1st Respondent: Emmasai Tanzania Enterprises Limited; 2nd Respondent: Ecobank Tanzania Limited; 3rd Respondent: CDJ Classic Group Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 February 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome: Application allowed
Legal Topics: Temporary Injunction, Mortgage, Ownership Dispute
Source Language: English

Land Law Civil Procedure Temporary Injunction Mortgage Ownership Dispute

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Parties

Emmanuel Fredrick Mlaponi

Applicant

Emmasai Tanzania Enterprises Limited

1st Respondent

Ecobank Tanzania Limited

2nd Respondent

CDJ Classic Group Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

1 Whether the applicant is entitled to a temporary injunction restraining sale of the suit property
2 Whether the suit property was mortgaged to secure a loan for the 1st respondent

Ratio Decidendi

Court Disposition

Application allowed

Orders

Temporary injunction granted restraining sale of suit property for six months from date of ruling
Costs to follow the main suit