20120705 TZHC Dar es Salaam

20120705 TZHC Dar es Salaam

The applicant established serious triable issues regarding her interest in the farm as matrimonial property and the likelihood of irreparable injury if the injunction is not granted; the balance of convenience favors the applicant; therefore, a temporary injunction is warranted.

Citation
20120705 TZHC Dar es Salaam
Parties
Plaintiff/applicant: Saida Ally Swalehe; 1st Defendant/respondent: Waziri Mohamed Khoja; 2nd Defendant/respondent: Mkombozi Commercial Bank PLC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 July 2012
Procedural Posture
Land Case / Ruling on Application for Temporary Injunction
Outcome
application granted
Legal Topics
Matrimonial Property, Mortgage, Injunction, Co Ownership, Bank Due Diligence
Source Language
English
Land Law Family Law Civil Procedure Matrimonial Property Mortgage Injunction Co Ownership Bank Due Diligence

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Parties

Saida Ally Swalehe

Plaintiff/applicant

Waziri Mohamed Khoja

1st Defendant/respondent

Mkombozi Commercial Bank PLC

2nd Defendant/respondent

Procedural Posture

Land Case / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the sale of the farm pending determination of the suit
  2. 2 Whether the farm is matrimonial property requiring spousal consent for mortgage
  3. 3 Whether the applicant will suffer irreparable injury if injunction is not granted

Ratio Decidendi

The applicant established serious triable issues regarding her interest in the farm as matrimonial property and the likelihood of irreparable injury if the injunction is not granted; the balance of convenience favors the applicant; therefore, a temporary injunction is warranted.

Court Disposition

application granted

Orders

  • Temporary injunction restraining the respondents from selling or disposing of the farm for six months from the date of ruling
  • Costs shall be in the cause