frank jackson kasonga vs akiba commercial bank plc another 2023 tzhclandd 17177 30 november 2023

Applicant established prima facie case, likelihood of irreparable loss, and balance of convenience favors applicant. All three mandatory conditions for temporary injunction met.

Citation: frank jackson kasonga vs akiba commercial bank plc another 2023 tzhclandd 17177 30 november 2023
Parties: Applicant: Frank Jackson Kasonga; 1st Respondent: Akiba Commercial Bank PLC; 2nd Respondent: Majembe Auction Mart Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 November 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Temporary Injunction
Outcome: Application granted
Legal Topics: Temporary Injunction, Mortgage, Loan Recovery
Source Language: English

Civil Procedure Land Law Temporary Injunction Mortgage Loan Recovery

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Parties

Frank Jackson Kasonga

Applicant

Akiba Commercial Bank PLC

1st Respondent

Majembe Auction Mart Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Temporary Injunction

Legal Issues

1 Whether the applicant has met the conditions for grant of temporary injunction
2 Whether statutory notice was served prior to sale of mortgaged property
3 Whether all properties listed were validly pledged as security

Ratio Decidendi

Applicant established prima facie case, likelihood of irreparable loss, and balance of convenience favors applicant. All three mandatory conditions for temporary injunction met.

Court Disposition

Application granted

Orders

Temporary injunction restraining respondents from selling applicant's residential houses pending determination of the main suit
Costs shall be in the cause