haroon hussein haroon 9 others vs cosmos properties 2 others 2023 tzhclandd 16480 20 april 2023

haroon hussein haroon 9 others vs cosmos properties 2 others 2023 tzhclandd 16480 20 april 2023

The court found that the applicants established a serious triable issue regarding ownership and the legality of the mortgage and receivership, that they would suffer irreparable harm (homelessness, loss of business) if the injunction was not granted, and that the balance of convenience favored the applicants. All three conditions for a temporary injunction were met. The court granted the temporary injunction restraining the respondents from entering, selling, or taking legal action against the suit properties for six months pending determination of the main suit.

Citation
haroon hussein haroon 9 others vs cosmos properties 2 others 2023 tzhclandd 16480 20 april 2023
Parties
Applicant: Haroon Hussein Haroon; Applicant: Jabeen Iqbal Noray; Applicant: Mohamed Ikbal Haji Mohamed; Applicant: Shammah Iman Abeid; Applicant: Hassanat Mohamed Ikbal Haji Mohamed; Applicant: Privan Sakarchand Dharamsi Chavd; Applicant: Abidullah Gulamshaf Alimohamed; Applicant: Tanzil Gulamshaf Alimohamed; Applicant: Tongshun Plastic Pacing Color Printing Co. Ltd.; Applicant: Yasmin Rafik Nurmohamed; Respondent: Cosmos Properties Limited; Respondent: Exim Bank (Tanzania) Limited; Respondent: Walter Buxton Chipeta as Receiver & Manager
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 April 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Receivership, Ownership Dispute, Irreparable Injury, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Mortgage Receivership Ownership Dispute Irreparable Injury Balance of Convenience

Case Brief

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Parties

Haroon Hussein Haroon

Applicant

Jabeen Iqbal Noray

Applicant

Mohamed Ikbal Haji Mohamed

Applicant

Shammah Iman Abeid

Applicant

Hassanat Mohamed Ikbal Haji Mohamed

Applicant

Privan Sakarchand Dharamsi Chavd

Applicant

Abidullah Gulamshaf Alimohamed

Applicant

Tanzil Gulamshaf Alimohamed

Applicant

Tongshun Plastic Pacing Color Printing Co. Ltd.

Applicant

Yasmin Rafik Nurmohamed

Applicant

Cosmos Properties Limited

Respondent

Exim Bank (Tanzania) Limited

Respondent

Walter Buxton Chipeta as Receiver & Manager

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to a temporary injunction restraining the respondents from entering, selling, or exercising any legal action against the suit properties pending determination of the main suit

Ratio Decidendi

The court found that the applicants established a serious triable issue regarding ownership and the legality of the mortgage and receivership, that they would suffer irreparable harm (homelessness, loss of business) if the injunction was not granted, and that the balance of convenience favored the applicants. All three conditions for a temporary injunction were met. The court granted the temporary injunction restraining the respondents from entering, selling, or taking legal action against the suit properties for six months pending determination of the main suit.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining respondents, their servants, agents, or persons deriving title from them from entering, selling, or exercising any legal action against the suit properties for six months from the date of ruling pending determination of the main suit.
  • No order as to costs.