jonas nelson nyagawa vs crdb bank plc 3 others 2023 tzhclandd 16826 29 august 2023

jonas nelson nyagawa vs crdb bank plc 3 others 2023 tzhclandd 16826 29 august 2023

The applicant failed to meet the three cumulative conditions for granting a temporary injunction, as there was no evidence of the property's current value, no substantiated irreparable loss, and no valid lease agreement. The property had already been sold and transferred, and the applicant delayed in seeking relief. There was nothing left to be preserved by injunction.

Citation
jonas nelson nyagawa vs crdb bank plc 3 others 2023 tzhclandd 16826 29 august 2023
Parties
Applicant: Jonas Nelson Nyagawa; 1st Respondent: CRDB Bank PLC; 2nd Respondent: MEM Auctioneers and General Brokers; 3rd Respondent: M/S Bens Agrostar Company Limited; 4th Respondent: Budget Movers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Sale of Mortgaged Property, Burden of Proof, Irreparable Loss
Source Language
English
Land Law Civil Procedure Temporary Injunction Sale of Mortgaged Property Burden of Proof Irreparable Loss

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Parties

Jonas Nelson Nyagawa

Applicant

CRDB Bank PLC

1st Respondent

MEM Auctioneers and General Brokers

2nd Respondent

M/S Bens Agrostar Company Limited

3rd Respondent

Budget Movers Limited

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 the respondents from interfering with the suit property pending determination of Land Case No. 246 of 2023

Ratio Decidendi

The applicant failed to meet the three cumulative conditions for granting a temporary injunction, as there was no evidence of the property's current value, no substantiated irreparable loss, and no valid lease agreement. The property had already been sold and transferred, and the applicant delayed in seeking relief. There was nothing left to be preserved by injunction.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed with costs