20120618 TZHC Dar es Salaam

20120618 TZHC Dar es Salaam

The applicant, as guarantor, knowingly pledged his house as security and must bear the consequences of default. Illness or other personal circumstances do not override the contractual obligations undertaken. The application for stay lacks merit and is dismissed.

Citation
20120618 TZHC Dar es Salaam
Parties
Plaintiff/applicant: Saidi Ally Kilango; Defendant/respondent: EFC Tanzania M.F.C. Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 2012
Procedural Posture
Land Case / Ruling on Application for Injunction Pending Hearing
Outcome
Application dismissed
Legal Topics
Injunction, Guarantor Liability, Loan Default, Sale of Mortgaged Property
Source Language
English
Land Law Banking and Finance Injunction Guarantor Liability Loan Default Sale of Mortgaged Property

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Parties

Saidi Ally Kilango

Plaintiff/applicant

EFC Tanzania M.F.C. Limited

Defendant/respondent

Procedural Posture

Land Case / Ruling on Application for Injunction Pending Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to an injunction restraining the sale of his house pending hearing of the main suit
  2. 2 Whether the applicant's reasons (illness, sole residence, efforts to locate borrower) justify a stay of sale

Ratio Decidendi

The applicant, as guarantor, knowingly pledged his house as security and must bear the consequences of default. Illness or other personal circumstances do not override the contractual obligations undertaken. The application for stay lacks merit and is dismissed.

Court Disposition

Application dismissed

Orders

  • Sale of the disputed house to proceed as indicated in the notice of sale
  • No order as to costs