hussein abdulkarim vs crdb bank public limited company 3 others 2022 tzhclandd 12523 24 october 2022

hussein abdulkarim vs crdb bank public limited company 3 others 2022 tzhclandd 12523 24 october 2022

The applicant established a prima facie case as the validity of the mortgage is in question due to alleged lack of consent. The risk of irreparable loss to the applicant and his family if the house is sold outweighs the bank's inconvenience, and the balance of convenience favors the applicant. All three conditions for a temporary injunction are met.

Citation
hussein abdulkarim vs crdb bank public limited company 3 others 2022 tzhclandd 12523 24 october 2022
Parties
Applicant: Hussein Abdulkarim; 1st Respondent: CRDB Bank Public Limited Company; 2nd Respondent: Nasra Hussein Abdulkarim @ Nasra Abdallah Mohamed; 3rd Respondent: Ahmed Hussein Abdulkarim T/A Kishan Industries; 4th Respondent: Yono Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application for temporary injunction granted.
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage Consent, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Matrimonial Property Mortgage Consent Irreparable Loss Balance of Convenience

Case Brief

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Parties

Hussein Abdulkarim

Applicant

CRDB Bank Public Limited Company

1st Respondent

Nasra Hussein Abdulkarim @ Nasra Abdallah Mohamed

2nd Respondent

Ahmed Hussein Abdulkarim T/A Kishan Industries

3rd Respondent

Yono Auction Mart

4th Respondent

Procedural Posture

Miscellaneous 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 disposing of the matrimonial property pending determination of the main suit
  2. 2 Whether the applicant's consent was required for the mortgage transaction

Ratio Decidendi

The applicant established a prima facie case as the validity of the mortgage is in question due to alleged lack of consent. The risk of irreparable loss to the applicant and his family if the house is sold outweighs the bank's inconvenience, and the balance of convenience favors the applicant. All three conditions for a temporary injunction are met.

Court Disposition

Application for temporary injunction granted.

Orders

  • Respondents, their agents, or any person acting under their instructions are restrained from taking possession, issuing orders, disposing, or auctioning the property under Certificate of Title No. 84309, Plot 137/1, Block R, Magomeni Area, Dar es Salaam pending determination of Land Case No. 90 of 2022.
  • Costs to follow events.