halima almasi fadhili vs ms zamzam farm ltd others 2018 tzhclandd 484 30 august 2018

halima almasi fadhili vs ms zamzam farm ltd others 2018 tzhclandd 484 30 august 2018

Applicant established a prima facie case regarding lack of spousal consent for mortgaging matrimonial property; risk of irreparable loss and hardship to applicant outweighs inconvenience to respondent; statutory principles and precedents support granting temporary injunction.

Citation
halima almasi fadhili vs ms zamzam farm ltd others 2018 tzhclandd 484 30 august 2018
Parties
Applicant: Halima Almas Fadhili; 1st Respondent: M/S Zamzam Farm Limited; 2nd Respondent: Furaha Ahmed Mansoor; 3rd Respondent: Stanbic Bank Tanzania Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 August 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction
Outcome
Temporary injunction granted
Legal Topics
Temporary Injunction, Matrimonial Property, Spousal Consent, Mortgage, Irreparable Loss
Source Language
English
Land Law Civil Procedure Family Law Temporary Injunction Matrimonial Property Spousal Consent Mortgage Irreparable Loss

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Parties

Halima Almas Fadhili

Applicant

M/S Zamzam Farm Limited

1st Respondent

Furaha Ahmed Mansoor

2nd Respondent

Stanbic Bank Tanzania Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the 3rd respondent from disposing or entering the disputed properties
  2. 2 Whether the mortgage of matrimonial property was done without spousal consent
  3. 3 Whether the applicant will suffer irreparable loss if injunction is not granted

Ratio Decidendi

Applicant established a prima facie case regarding lack of spousal consent for mortgaging matrimonial property; risk of irreparable loss and hardship to applicant outweighs inconvenience to respondent; statutory principles and precedents support granting temporary injunction.

Court Disposition

Temporary injunction granted

Orders

  • 3rd Respondent, its agents, workmen, assignees or any other persons restrained from disposing of or entering the houses at Plot No. 132, Block No. 7 Ukuni Area, Bagamoyo, Certificate of Title No. 88165; Plot No. 2052, Block C Land Office No. 351601, Kunduchi Mtongani Area, Dar Es Salaam, Certificate of Title No....
  • Costs in due cause.