JOHN CLARET MDENYE 2222 edited

JOHN CLARET MDENYE 2222 edited

Applicant failed to cumulatively establish the three elements required for grant of injunction; specifically, irreparable loss and balance of convenience were not proven. The sale and transfer of the property had already occurred, making the injunction inappropriate.

Citation
JOHN CLARET MDENYE 2222 edited
Parties
Applicant: John Claret Mdenye; 1st Respondent: Uchumi Commercial Bank Ltd; 2nd Respondent: Regiz Company Ltd; 3rd Respondent: Tanfin Consultant E. A Ltd; 4th Respondent: Felister Malya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 July 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Interim Injunction
Outcome
Application dismissed with costs
Legal Topics
Interim Injunction, Mortgage Recovery, Settlement Agreement, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Property Law Banking Law Interim Injunction Mortgage Recovery Settlement Agreement Irreparable Loss Balance of Convenience

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Parties

John Claret Mdenye

Applicant

Uchumi Commercial Bank Ltd

1st Respondent

Regiz Company Ltd

2nd Respondent

Tanfin Consultant E. A Ltd

3rd Respondent

Felister Malya

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction restraining transfer or disposal of the suit property pending determination of Mise. Civil Application No. 23 of 2024

Ratio Decidendi

Applicant failed to cumulatively establish the three elements required for grant of injunction; specifically, irreparable loss and balance of convenience were not proven. The sale and transfer of the property had already occurred, making the injunction inappropriate.

Court Disposition

Application dismissed with costs

Orders

  • Application for interim injunction is dismissed
  • Applicant to pay costs