joseph ismail kuzilwa vs letshego bankt limited 4 others 2023 tzhclandd 17057 30 october 2023

joseph ismail kuzilwa vs letshego bankt limited 4 others 2023 tzhclandd 17057 30 october 2023

The application for temporary injunction is dismissed because the applicant has already been evicted from the suit property, and the relief sought is overtaken by events. The applicant failed to demonstrate entitlement to the order as the status quo has changed irreversibly.

Citation
joseph ismail kuzilwa vs letshego bankt limited 4 others 2023 tzhclandd 17057 30 october 2023
Parties
Applicant: Joseph Ismail Kuzilwa; 1st Respondent: Letshego Bank (T) Limited; 2nd Respondent: Bilo Star Debt Collector Co. Limited; 3rd Respondent: Rachel Kai Hu La Matondane; 4th Respondent: Joyce Kokwenda Matondane; 5th Respondent: Josephine Philip Liumba as administratix of the estate of late Valentine Liumba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Eviction, Mortgage, Ownership Dispute
Source Language
English
Land Law Civil Procedure Temporary Injunction Eviction Mortgage Ownership Dispute

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Parties

Joseph Ismail Kuzilwa

Applicant

Letshego Bank (T) Limited

1st Respondent

Bilo Star Debt Collector Co. Limited

2nd Respondent

Rachel Kai Hu La Matondane

3rd Respondent

Joyce Kokwenda Matondane

4th Respondent

Josephine Philip Liumba as administratix of the estate of late Valentine Liumba

5th 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 eviction from the suit property
  2. 2 Whether the application is overtaken by events due to prior eviction

Ratio Decidendi

The application for temporary injunction is dismissed because the applicant has already been evicted from the suit property, and the relief sought is overtaken by events. The applicant failed to demonstrate entitlement to the order as the status quo has changed irreversibly.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed with costs