kikim contractors co ltd vs ncba bank another 2023 tzhclandd 16916 18 september 2023
The application was uncontested and there was no justifiable reason to refuse the temporary injunction; therefore, the order was granted as prayed.
- Citation
- kikim contractors co ltd vs ncba bank another 2023 tzhclandd 16916 18 september 2023
- Parties
- Applicant: KIKIM CONTRACTORS CO. LTD; 1st Respondent: NCSA BANK; 2nd Respondent: NUTMEG AUCTIONEERS & PROPERTY MANAGERS CO. LTD
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Temporary Injunction
- Outcome
- Application granted
- Legal Topics
- Temporary Injunction, Transfer of Ownership, Eviction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
KIKIM CONTRACTORS CO. LTD
Applicant
NCSA BANK
1st Respondent
NUTMEG AUCTIONEERS & PROPERTY MANAGERS CO. LTD
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from transferring ownership and evicting the applicant's managing director from the suit property
Ratio Decidendi
The application was uncontested and there was no justifiable reason to refuse the temporary injunction; therefore, the order was granted as prayed.
Court Disposition
Application granted
Orders
- Temporary injunction granted restraining respondents from transferring ownership and evicting applicant's managing director from the suit property pending determination of the main suit
- Each party to bear its own costs
Full Case Text
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