hitaji company limited vs azania bank limited 2023 tzhclandd 16824 21 august 2023

hitaji company limited vs azania bank limited 2023 tzhclandd 16824 21 august 2023

Applicant failed to cumulatively establish all three conditions for grant of Mareva injunction, particularly irreparable loss and balance of convenience, as any loss suffered is compensable by damages and balance of convenience favors the 1st respondent.

Citation
hitaji company limited vs azania bank limited 2023 tzhclandd 16824 21 august 2023
Parties
Applicant: Hitaji Company Limited; 1st Respondent: Azania Bank Limited; 2nd Respondent: Cosmos Properties Limited; 3rd Respondent: Mark Auctioneers and Court Brokers Company Limited; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Mareva Injunction
Outcome
Application dismissed with costs.
Legal Topics
Mareva Injunction, Temporary Injunction, Ownership Dispute, Mortgage, Breach of Contract
Source Language
English
Land Law Civil Procedure Mareva Injunction Temporary Injunction Ownership Dispute Mortgage Breach of Contract

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Parties

Hitaji Company Limited

Applicant

Azania Bank Limited

1st Respondent

Cosmos Properties Limited

2nd Respondent

Mark Auctioneers and Court Brokers Company Limited

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Mareva Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a Mareva injunction restraining eviction and disposal of the suit property pending expiration of statutory notice and filing of suit
  2. 2 Whether the applicant has established prima facie case, irreparable loss, and balance of convenience for temporary injunction

Ratio Decidendi

Applicant failed to cumulatively establish all three conditions for grant of Mareva injunction, particularly irreparable loss and balance of convenience, as any loss suffered is compensable by damages and balance of convenience favors the 1st respondent.

Court Disposition

Application dismissed with costs.

Orders

  • Application for Mareva injunction dismissed.
  • Applicant to pay costs.