ester james magitta vs christopher marwa mkami 2 others 2022 tzhc 12386 31 august 2022

ester james magitta vs christopher marwa mkami 2 others 2022 tzhc 12386 31 august 2022

The applicant met all three criteria for a temporary injunction: there is a serious triable issue regarding the mortgage and transfer of matrimonial property without her consent; she risks irreparable loss if the property is transferred; and the balance of convenience favors her as she stands to suffer more than the respondents if the injunction is not granted.

Citation
ester james magitta vs christopher marwa mkami 2 others 2022 tzhc 12386 31 august 2022
Parties
Applicant: Ester James Magitta; 1st Respondent: Christopher Marwa Mkami; 2nd Respondent: Bank of Africa Tanzania Limited; 3rd Respondent: Julius Mwita Makere
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application granted
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage Without Spousal Consent, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Family Law Property Law Temporary Injunction Matrimonial Property Mortgage Without Spousal Consent Irreparable Loss Balance of Convenience

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Parties

Ester James Magitta

Applicant

Christopher Marwa Mkami

1st Respondent

Bank of Africa Tanzania Limited

2nd Respondent

Julius Mwita Makere

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining transfer of matrimonial property pending determination of the main suit

Ratio Decidendi

The applicant met all three criteria for a temporary injunction: there is a serious triable issue regarding the mortgage and transfer of matrimonial property without her consent; she risks irreparable loss if the property is transferred; and the balance of convenience favors her as she stands to suffer more than the respondents if the injunction is not granted.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining transfer of the disputed property for six months pending determination of the main suit
  • Costs to follow the suit