ibrahim ford t a ford general traders vs crdb bank 1996 ltd another 2003 tzhc 21 25 march 2003

ibrahim ford t a ford general traders vs crdb bank 1996 ltd another 2003 tzhc 21 25 march 2003

The applicant failed to provide evidence of payment or balance; thus, the court declined to grant a permanent order restraining the auction of the mortgaged property.

Source-derived case information.

Citation
ibrahim ford t a ford general traders vs crdb bank 1996 ltd another 2003 tzhc 21 25 march 2003
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 Enforcement, Auction of Mortgaged Property, Ex Parte Proceedings
Source Language
english
Civil Procedure Banking Law Property Law Mortgage Enforcement Auction of Mortgaged Property Ex Parte Proceedings

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. 1 Whether the auctioning of the plaintiff's mortgaged house was unlawful
  2. 2 Whether a permanent order restraining the auction should be granted

Ratio Decidendi

The applicant failed to provide evidence of payment or balance; thus, the court declined to grant a permanent order restraining the auction of the mortgaged property.

Court Disposition

Suit dismissed