jangid plaza vs im bank tanzania limited another 2022 tzhclandd 468 29 april 2022

jangid plaza vs im bank tanzania limited another 2022 tzhclandd 468 29 april 2022

The court found that there was a triable issue regarding the validity and service of the default notice, and that selling the property before determination of the main suit would cause irreparable loss to the applicant. The requirements for granting a temporary injunction were met.

Citation
jangid plaza vs im bank tanzania limited another 2022 tzhclandd 468 29 april 2022
Parties
Applicant: Jangid Plaza Limited; 1st Respondent: I & M Bank (Tanzania) Limited; 2nd Respondent: Bank of India (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Temporary injunction granted pending determination of the main suit. Costs to follow the event.
Legal Topics
Temporary Injunction, Mortgage Dispute, Default Notice, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Mortgage Dispute Default Notice Irreparable Loss Balance of Convenience

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Parties

Jangid Plaza Limited

Applicant

I & M Bank (Tanzania) Limited

1st Respondent

Bank of India (Tanzania) Limited

2nd 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 interfering with the suit property pending determination of the main suit
  2. 2 Whether the statutory requirements for granting a temporary injunction have been met

Ratio Decidendi

The court found that there was a triable issue regarding the validity and service of the default notice, and that selling the property before determination of the main suit would cause irreparable loss to the applicant. The requirements for granting a temporary injunction were met.

Court Disposition

Temporary injunction granted pending determination of the main suit. Costs to follow the event.

Orders

  • Temporary injunction restraining the respondents from interfering with the applicant's occupation, enjoyment, execution, or transfer of the suit property pending determination of Land Case No. 21 of 2022
  • Status quo to be maintained pending determination of the main suit