MIHAMBO SELELI MASUNGA VS SME IMPACT FUND TANZANIA LIMITED AND OTHERS

MIHAMBO SELELI MASUNGA VS SME IMPACT FUND TANZANIA LIMITED AND OTHERS

The applicant failed to demonstrate that the attached properties were not part of the mortgage collateral and did not prove irreparable loss or that the balance of convenience favoured him. The documentation showed the collateral included all machinery at the premises, and losses claimed were compensable by damages.

Citation
MIHAMBO SELELI MASUNGA VS SME IMPACT FUND TANZANIA LIMITED AND OTHERS
Parties
Applicant: Mihambo Seleli Masunga; 1st Respondent: SME Impact Fund Tanzania Limited; 2nd Respondent: Mangwembe 2011 Company Limited; 3rd Respondent: Maganga G. Masunga; 4th Respondent: Barikinship Group Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 May 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Mortgage Enforcement, Collateral Attachment, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Land Law Banking and Finance Temporary Injunction Mortgage Enforcement Collateral Attachment Irreparable Loss Balance of Convenience

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Parties

Mihambo Seleli Masunga

Applicant

SME Impact Fund Tanzania Limited

1st Respondent

Mangwembe 2011 Company Limited

2nd Respondent

Maganga G. Masunga

3rd Respondent

Barikinship Group Limited

4th 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 the respondents from entering and using the disputed property and grinding machine pending the main suit

Ratio Decidendi

The applicant failed to demonstrate that the attached properties were not part of the mortgage collateral and did not prove irreparable loss or that the balance of convenience favoured him. The documentation showed the collateral included all machinery at the premises, and losses claimed were compensable by damages.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed with costs