jimmy brown mwalugelo vs rose miago asea others 2018 tzhclandd 442 27 july 2018

jimmy brown mwalugelo vs rose miago asea others 2018 tzhclandd 442 27 july 2018

Applicant failed to satisfy the mandatory requirements for grant of temporary injunction, including pleading fraud and lack of spousal consent in affidavit, showing irreparable loss, and demonstrating balance of convenience; application lacks merit and is dismissed.

Citation
jimmy brown mwalugelo vs rose miago asea others 2018 tzhclandd 442 27 july 2018
Parties
Applicant: Jimmy Brown Mwalugelo; 1st Respondent: Rose Miago Asea; 2nd Respondent: Bank of Africa (T) Ltd; 3rd Respondent: Mabunda Auctioneer Mart Co. Ltd; 4th Respondent: Yusuf Shaban Omar
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Mortgage, Fraud, Spousal Consent, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Mortgage Fraud Spousal Consent Irreparable Loss Balance of Convenience

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Parties

Jimmy Brown Mwalugelo

Applicant

Rose Miago Asea

1st Respondent

Bank of Africa (T) Ltd

2nd Respondent

Mabunda Auctioneer Mart Co. Ltd

3rd Respondent

Yusuf Shaban Omar

4th 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 demolition and eviction pending determination of the main suit
  2. 2 Whether the applicant has satisfied the conditions for grant of temporary injunction

Ratio Decidendi

Applicant failed to satisfy the mandatory requirements for grant of temporary injunction, including pleading fraud and lack of spousal consent in affidavit, showing irreparable loss, and demonstrating balance of convenience; application lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction dismissed
  • Applicant to pay costs