fatuma hamisi sultani vs tcb bank plc 4 others 2022 tzhclandd 858 31 august 2022

fatuma hamisi sultani vs tcb bank plc 4 others 2022 tzhclandd 858 31 august 2022

Application failed to satisfy the cumulative conditions for temporary injunction as required by law; facts supporting irreparable loss, triable issues, and balance of convenience were not stated in affidavit but only in submissions, which are not evidence.

Citation
fatuma hamisi sultani vs tcb bank plc 4 others 2022 tzhclandd 858 31 august 2022
Parties
Applicant: Fatuma Hamisi Sultani; 1st Respondent: TCB Bank PLC; 2nd Respondent: Jumanne Abeid Ifanda; 3rd Respondent: Esther Alphonse Mahende; 4th Respondent: Esther Hardware & General Supplies; 5th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs.
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Spouse Consent
Source Language
English
Land Law Civil Procedure Temporary Injunction Matrimonial Property Mortgage Spouse 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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Fatuma Hamisi Sultani

Applicant

TCB Bank PLC

1st Respondent

Jumanne Abeid Ifanda

2nd Respondent

Esther Alphonse Mahende

3rd Respondent

Esther Hardware & General Supplies

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for grant of temporary injunction
  2. 2 Whether the mortgaged property is matrimonial property requiring spouse consent
  3. 3 Whether irreparable loss and balance of convenience have been established

Ratio Decidendi

Application failed to satisfy the cumulative conditions for temporary injunction as required by law; facts supporting irreparable loss, triable issues, and balance of convenience were not stated in affidavit but only in submissions, which are not evidence.

Court Disposition

Application dismissed with costs.

Orders

  • Application for temporary injunction dismissed.
  • Applicant to pay costs.