hashimu ibrahimu vs maxicom africa ltd 2 others 2022 tzhclandd 12228 24 august 2022

hashimu ibrahimu vs maxicom africa ltd 2 others 2022 tzhclandd 12228 24 august 2022

The applicant established a prima facie case, demonstrated risk of irreparable injury if the property is sold, and the balance of convenience favors the applicant. The issues of whether the property was released as security and whether proper notice was served are triable issues for the main suit, not for determination at this stage. Therefore, the conditions for granting a temporary injunction are met.

Citation
hashimu ibrahimu vs maxicom africa ltd 2 others 2022 tzhclandd 12228 24 august 2022
Parties
Applicant: Hashim Ibrahim Lema; 1st Respondent: Maxcom Africa Limited; 2nd Respondent: National Bank of Commerce Limited; 3rd Respondent: MAS & Associates Co. Limited & Court Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2022
Procedural Posture
Misc. Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Overdraft Facility, Irreparable Injury, Balance of Convenience
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunction Mortgage Overdraft Facility Irreparable Injury Balance of Convenience

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Parties

Hashim Ibrahim Lema

Applicant

Maxcom Africa Limited

1st Respondent

National Bank of Commerce Limited

2nd Respondent

MAS & Associates Co. Limited & Court Broker

3rd Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from selling or disposing of the suit property pending determination of the main suit

Ratio Decidendi

The applicant established a prima facie case, demonstrated risk of irreparable injury if the property is sold, and the balance of convenience favors the applicant. The issues of whether the property was released as security and whether proper notice was served are triable issues for the main suit, not for determination at this stage. Therefore, the conditions for granting a temporary injunction are met.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondents, their agents, and anyone acting on their behalf from selling or disposing of the suit property (Certificate of Title No. 90885, Plot 547 Block 45C, Kijitonyama Area, Kinondoni Municipality, Dar es Salaam) pending hearing and determination of Land Case No. 146 of 2021.
  • Each party to bear their own costs.