emmanuel gitigan gherabaster vs crdb bank plc 2 others 2021 tzhclandd 6834 13 december 2021

emmanuel gitigan gherabaster vs crdb bank plc 2 others 2021 tzhclandd 6834 13 december 2021

Application for temporary injunction dismissed as the mortgaged properties had already been sold in 2013, rendering the relief sought overtaken by events and incapable of implementation; court cannot grant orders not prayed for or restrain actions already executed.

Citation
emmanuel gitigan gherabaster vs crdb bank plc 2 others 2021 tzhclandd 6834 13 december 2021
Parties
Applicant: Emmanuel Gitigan Gherabaster; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Bani Investment Auction Mart; 3rd Respondent: Said Nassor Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Mortgage Sale, Status Quo, Pleadings
Source Language
English
Land Law Civil Procedure Temporary Injunction Mortgage Sale Status Quo Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Emmanuel Gitigan Gherabaster

Applicant

CRDB Bank PLC

1st Respondent

Bani Investment Auction Mart

2nd Respondent

Said Nassor Said

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether temporary injunction can be granted to restrain attachment and sale of mortgaged properties already sold
  2. 2 Whether court can grant orders not prayed for in pleadings

Ratio Decidendi

Application for temporary injunction dismissed as the mortgaged properties had already been sold in 2013, rendering the relief sought overtaken by events and incapable of implementation; court cannot grant orders not prayed for or restrain actions already executed.

Court Disposition

Application dismissed

Orders

  • Application for temporary injunction dismissed
  • Costs to be in the main cause