20160526 TZHC Dar es Salaam

20160526 TZHC Dar es Salaam

The respondent's failure to honor loan repayments and refusal to re-surrender the title deed, coupled with the risk of property disposal, justifies granting attachment before judgment to secure the applicant's potential recovery.

Citation
20160526 TZHC Dar es Salaam
Parties
Applicant: Ephata Bank Limited; Respondent: Mary Msimbira
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 May 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Attachment Before Judgment
Outcome
Application granted
Legal Topics
Attachment Before Judgment, Loan Default, Security for Loan, Enforcement of Loan Agreements
Source Language
English
Civil Procedure Banking Law Attachment Before Judgment Loan Default Security for Loan Enforcement of Loan Agreements

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Parties

Ephata Bank Limited

Applicant

Mary Msimbira

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Attachment Before Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an order of attachment before judgment over the respondent's property as security for a potential decree in a loan recovery suit

Ratio Decidendi

The respondent's failure to honor loan repayments and refusal to re-surrender the title deed, coupled with the risk of property disposal, justifies granting attachment before judgment to secure the applicant's potential recovery.

Court Disposition

Application granted

Orders

  • Attachment before judgment is ordered over the respondent's property located along Bagamoyo road, Tegeta Ward, Plot No. 112, Block No. 'D' LO. No. 81072, Certificate of Title No. 37091 registered in the name of Mary Msimbira.
  • Costs to follow the event.