k k developers ltd vs triangle tanzania ltd 2019 tzhclandd 279 7 october 2019

k k developers ltd vs triangle tanzania ltd 2019 tzhclandd 279 7 october 2019

The applicant failed to demonstrate a prima facie case as there was no evidence showing a nexus between the memorandum of understanding and the mortgage instrument; thus, the first condition for granting a temporary injunction was not met.

Citation
k k developers ltd vs triangle tanzania ltd 2019 tzhclandd 279 7 october 2019
Parties
Applicant: K AND K DEVELOPERS LIMITED; Respondent: TRIANGLE TANZANIA LIMITED; Respondent: RAMADHANI HAMIS NG'HUMBI; Respondent: AGGREY FREDRICK MBUYA; Respondent: BANK OF BARODA TANZANIA LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 October 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Prima Facie Case, Mortgage, Equitable Relief
Source Language
English
Civil Procedure Land Law Temporary Injunction Prima Facie Case Mortgage Equitable Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

K AND K DEVELOPERS LIMITED

Applicant

TRIANGLE TANZANIA LIMITED

Respondent

RAMADHANI HAMIS NG'HUMBI

Respondent

AGGREY FREDRICK MBUYA

Respondent

BANK OF BARODA TANZANIA LIMITED

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for grant of temporary injunction
  2. 2 Whether the applicant will suffer irreparable loss if injunction is not granted
  3. 3 Whether the balance of convenience favors the applicant

Ratio Decidendi

The applicant failed to demonstrate a prima facie case as there was no evidence showing a nexus between the memorandum of understanding and the mortgage instrument; thus, the first condition for granting a temporary injunction was not met.

Court Disposition

Application dismissed

Orders

  • Application for temporary injunction is dismissed without an order as to costs.