helen rwegasila brahim vs crdb bank plc another 2018 tzhclandd 401 27 july 2018

Applicant failed to demonstrate a prima facie case with probability of success and failed to prove irreparable injury; therefore, the grant of temporary injunction is not justified.

Citation: helen rwegasila brahim vs crdb bank plc another 2018 tzhclandd 401 27 july 2018
Parties: Applicant: Hellen Rwegasila Brahim; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Kasanda Enterprises Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 27 July 2018
Procedural Posture: Miscellaneous Land Case Application / Ruling on Application for Conservatory Orders
Outcome: Application dismissed with costs
Legal Topics: Temporary Injunction, Mortgage, Conservatory Orders
Source Language: English

Land Law Civil Procedure Temporary Injunction Mortgage Conservatory Orders

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Parties

Hellen Rwegasila Brahim

Applicant

CRDB Bank PLC

1st Respondent

Kasanda Enterprises Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Conservatory Orders

Legal Issues

1 Whether the applicant is entitled to conservatory orders restraining the sale of her mortgaged property pending determination of the main suit
2 Whether the applicant has established a prima facie case with probability of success
3 Whether the applicant will suffer irreparable injury not compensable by damages

Ratio Decidendi

Applicant failed to demonstrate a prima facie case with probability of success and failed to prove irreparable injury; therefore, the grant of temporary injunction is not justified.

Court Disposition

Application dismissed with costs

Orders

Application for conservatory orders dismissed
Applicant to pay costs