I AND M BANK LTD VS NATIONAL BANK T MISC

I AND M BANK LTD VS NATIONAL BANK T MISC

The court found that if the sale of the property proceeds before determination of the pending cases, the applications would be rendered nugatory. Therefore, a temporary injunction is necessary to preserve the subject matter.

Citation
I AND M BANK LTD VS NATIONAL BANK T MISC
Parties
Applicant: I&M Bank Limited; 1st Respondent: National Bank Tanzania Limited; 2nd Respondent: Rhino Auction Mart and Court Broker; 3rd Respondent: Banyanga Auto Glass Ltd; 4th Respondent: Yusuph Banyanga; 5th Respondent: Husna Daudi Yusuph; 6th Respondent: Trace Associates Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Application / Ex Parte Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Interim Relief, Property Sale Stay
Source Language
English
Civil Procedure Commercial Law Temporary Injunction Interim Relief Property Sale Stay

Case Brief

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Parties

I&M Bank Limited

Applicant

National Bank Tanzania Limited

1st Respondent

Rhino Auction Mart and Court Broker

2nd Respondent

Banyanga Auto Glass Ltd

3rd Respondent

Yusuph Banyanga

4th Respondent

Husna Daudi Yusuph

5th Respondent

Trace Associates Ltd

6th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ex Parte Application for Temporary Injunction

Legal Issues

  1. 1 Whether to grant a temporary injunction to restrain the sale of the property pending determination of the main suit and inter-partes application

Ratio Decidendi

The court found that if the sale of the property proceeds before determination of the pending cases, the applications would be rendered nugatory. Therefore, a temporary injunction is necessary to preserve the subject matter.

Court Disposition

Application granted

Orders

  • Temporary injunction granted restraining all respondents, their agents, or servants from selling, alienating, leasing, or disposing of the property at Plot No. 201, Block C, Nyegezi Area, Mwanza, pending determination of the inter-partes application.
  • No order as to costs.