20170427 TZHC Dar es Salaam
An application for temporary injunction cannot stand alone and is incompetent where there is no pending suit between the parties; the application was struck out for lack of a pending suit.
- Citation
- 20170427 TZHC Dar es Salaam
- Parties
- Applicant: Erick Oyombe Avila; 1st Respondent: Equity Bank Tanzania Limited; 2nd Respondent: Mbogo Auction Mart & Real Agency Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 April 2017
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction
- Outcome
- Application struck out with costs
- Legal Topics
- Temporary Injunction, Loan Dispute, Security for Loan, Procedural Competence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Erick Oyombe Avila
Applicant
Equity Bank Tanzania Limited
1st Respondent
Mbogo Auction Mart & Real Agency Co. Ltd
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the application for temporary injunction is competent in the absence of a pending suit between the parties
- 2 Whether the applicant has satisfied the conditions for grant of a temporary injunction
Ratio Decidendi
An application for temporary injunction cannot stand alone and is incompetent where there is no pending suit between the parties; the application was struck out for lack of a pending suit.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs
Full Case Text
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