20030325 TZHC Dr es Salaam
It is not proper to restrain the auction because the parties voluntarily executed a contract stipulating auction as a remedy for default, and the applicant failed to provide evidence of payment or balance.
Source-derived case information.
- Citation
- 20030325 TZHC Dr es Salaam
- Parties
- Applicant: Ibrahim Ford t/a Ford General Traders; Respondent: CRDB Bank (1996) Ltd; Respondent: Straight Auction Mart Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 March 2003
- Procedural Posture
- Civil Case / Ex Parte Judgment
- Outcome
- Suit dismissed
- Legal Topics
- Mortgage, Loan Recovery, Auction, Contract Enforcement
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Ford t/a Ford General Traders
Applicant
CRDB Bank (1996) Ltd
Respondent
Straight Auction Mart Ltd
Respondent
Procedural Posture
Civil Case / Ex Parte Judgment
Legal Issues
- 1 Whether the auctioning of the plaintiff's mortgaged house was unlawful
- 2 Whether a permanent order restraining the sale should be granted
Ratio Decidendi
It is not proper to restrain the auction because the parties voluntarily executed a contract stipulating auction as a remedy for default, and the applicant failed to provide evidence of payment or balance.
Court Disposition
Suit dismissed
Orders
- Order restraining auction not granted
- No order as to costs
Full Case Text
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