glory edmond kileo vs edmond johnson kileo 5 others 2022 tzhclandd 168 22 march 2022

glory edmond kileo vs edmond johnson kileo 5 others 2022 tzhclandd 168 22 march 2022

The applicant met the three conditions for granting a temporary injunction as set out in Atilio vs. Mbowe; the application was not contested, and the applicant demonstrated risk of irreparable harm and lack of consent to the mortgage.

Citation
glory edmond kileo vs edmond johnson kileo 5 others 2022 tzhclandd 168 22 march 2022
Parties
Applicant: Glory Edmond Kileo; 1st Respondent: Edmond Johnson Kileo; 2nd Respondent: Elizabeth Johnson Kileo; 3rd Respondent: Leslie Johnson Kileo; 4th Respondent: Siha Enterprises Company Limited; 5th Respondent: NCBA Bank (formerly Commercial Bank Africa (Tanzania) Limited); 6th Respondent: Adili Auction Mart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 March 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Matrimonial Property Mortgage Balance of Convenience

Case Brief

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Parties

Glory Edmond Kileo

Applicant

Edmond Johnson Kileo

1st Respondent

Elizabeth Johnson Kileo

2nd Respondent

Leslie Johnson Kileo

3rd Respondent

Siha Enterprises Company Limited

4th Respondent

NCBA Bank (formerly Commercial Bank Africa (Tanzania) Limited)

5th Respondent

Adili Auction Mart Limited

6th 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 sale of matrimonial properties pending determination of the main suit

Ratio Decidendi

The applicant met the three conditions for granting a temporary injunction as set out in Atilio vs. Mbowe; the application was not contested, and the applicant demonstrated risk of irreparable harm and lack of consent to the mortgage.

Court Disposition

Application granted

Orders

  • Temporary injunction granted restraining sale of suit properties pending hearing and determination of Land Case No. 39 of 2022
  • No order as to costs