Misc

Misc

The applicant failed to establish a serious issue to be tried as she had signed the spousal consent for the mortgage; thus, the first condition for grant of temporary injunction was not met, making it unnecessary to consider the other two conditions. The application lacked merit and was dismissed with costs.

Citation
Misc
Parties
Applicant: Ethel Gibron Paris Lesika; 1st Respondent: Alex Clemence Gideon Kwayu; 2nd Respondent: A Toz Investment Limited; 3rd Respondent: Diamond Trust Bank PLC; 4th Respondent: Nampula Auction Mart Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Spousal Consent
Source Language
English
Land Law Civil Procedure Temporary Injunction Matrimonial Property Mortgage Spousal Consent

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ethel Gibron Paris Lesika

Applicant

Alex Clemence Gideon Kwayu

1st Respondent

A Toz Investment Limited

2nd Respondent

Diamond Trust Bank PLC

3rd Respondent

Nampula Auction Mart Company Ltd

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the sale of the suit property pending the main suit
  2. 2 Whether the applicant has met the three conditions for grant of a temporary injunction as set out in Atilio vs. Mbowe

Ratio Decidendi

The applicant failed to establish a serious issue to be tried as she had signed the spousal consent for the mortgage; thus, the first condition for grant of temporary injunction was not met, making it unnecessary to consider the other two conditions. The application lacked merit and was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed with costs