20161208 TZHC Iringa

IN THE t:IIGH COURT OF TANZANIA .ATIRINGA MISC. LAND APPLICATION NO. 47 OF 2016 (Originatingfrom Land Case No. 8 Of 2016) MALAMULA NIKUSUBILA MWALWEGA .......... APPLICANT VERSUS TANZANIA POSTAL BANK .......................... RESPONDENT RULING 21 ST JULY 2016 & 26TH AUGUST, 2016 R. K SAMEJI,·l. ~· ' .' •' .. The applicant namely, MALAMULA NIKUSUBILA MWALWEGA has filed this application . against the . respondent namely, \ TANZANIA POSTAL BANK. The Application has been brought under Certificate of Urgency by Chamber Summons made under Order XXXVII, Rule 1(a), 2(1) and (4) read together with Sections 68 (e) and 95 of the Civil Procedure Code, [Cap. 33. R.E.2002], seeking for gr.ant of an order for temporary injunction to restrain the respondent, his agents, assignees, servants· or any person acting . 1 under it, from evicting the applicant from the suit property located on Plot No. 965 Block "CC" L.O No. 472620 at Mawelewele, Iringa Region, pending hearing of the application inter ·parties. The application is duly supported by the affidavit deponed by the applicant himself. The gist of the application as submitted by , Mr. Districk Mwesigwa, the learned Counsel for the applicant and supported by the said Affidavit is that, on 13th March 2015 the applicant and the respondent entered into a loan agreement, where the applicant secured ·a loan facility at the tune of Tshs. 100,000,000/=. In accordance with the said loan agreement, the loan was supposed to be serviced within a period of thirty-six (36) months together with ·interests and other charges thereof, at the· rate of 16% per . . annum. However,· the applicant at some point, specifically on 10 th May 2016 suffered loss from the Oryx Company, vvhich terminated the contract with him, the fact that fluctuated the applicant's business, hence affected his capacity to repay the loan facility. That, due to the said situation, the applicant communicated to the _·respondent via a letter dated 4th October 2016 requesting for a short period of time to settle the debt as he had started and 2 doing another business with Mihan · Gas. The respondent refused to grant the request by t~e applicant and she is now intending to sell the collateral, the mortgaged security, Plot No. 965 Block-"CC" L.O No. 472620 located at Mawelewele, Iringa Region . . As such, the applicant has filed this application praying for issuance of a Temporary· Injunction Order under Certificate of Urgency preceded with · Exparte Interim Orders per-iding the determination of the main application inter-partes. That, if this application is not granted, the respondent intention of selling the mortgaged security, will not only deprive the applicant's legal rights over the -~ult .plot, but·. will also ·cause· physical, mental torture and anguish, hence the applicant is bound to suffer irreparable loss econon,iqilly, psychologically and socially. Having listened to Mr. Districk Mwesigwa exparte, specifically after the respondent had ignored the summons of the court to attend and be heard on this application inter-parties, and perused · the affiqavit · in support of the said application together with annexures appended to the Affidavit thereto, I am convinced. that, the situation . at the said premises requires· an immediate 3 intervention of this Court. The only ~emedy at the moment" and in the drcums~ances of the case is to grant the application as prayed. Therefore, the application for Interim Injunction Order restraining the respondent, his agents, assignees, servants or any person acting· under it, from evicting the applicant from the suit property located on Plot No. 965 Block "CC" L.0 No. 472620 at Mawelewele in Iringa Region,. is hereby granted and issued pending· full hearing and determination .of the main application inter-partes. I make no orders cJS to costs. It is so ordered. DATED at IRINGA this 08th day·of December 2016.• . R. K. Sameji JUDGE 08/12/2016 4