mussa mussa trading co ltd vs equity bank tanzania limited another 2022 tzhclandd 12577 15 november 2022

mussa mussa trading co ltd vs equity bank tanzania limited another 2022 tzhclandd 12577 15 november 2022

The applicant has cumulatively fulfilled the three mandatory conditions for granting a temporary injunction: there is a serious question to be tried regarding the loan and mortgage dispute, the applicant stands to suffer irreparable loss if the properties are sold before determination of the main suit, and the balance of convenience favors the applicant as reversal of ownership post-sale would be difficult.

Citation
mussa mussa trading co ltd vs equity bank tanzania limited another 2022 tzhclandd 12577 15 november 2022
Parties
Applicant: Mussa Mussa Trading Co. Ltd; 1st Respondent: Equity Bank Tanzania Limited; 2nd Respondent: Cops Auction Mart & Court Brokers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
application granted
Legal Topics
Temporary Injunction, Mortgage Enforcement, Loan Dispute
Source Language
English
Civil Procedure Land Law Temporary Injunction Mortgage Enforcement Loan Dispute

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Parties

Mussa Mussa Trading Co. Ltd

Applicant

Equity Bank Tanzania Limited

1st Respondent

Cops Auction Mart & Court Brokers Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has fulfilled the three conditions for granting a temporary injunction as set in Atilio vs. Mbowe (1969) HCD 284
  2. 2 Whether there is a serious question to be tried regarding the loan and mortgage dispute
  3. 3 Whether the applicant will suffer irreparable injury if injunction is not granted

Ratio Decidendi

The applicant has cumulatively fulfilled the three mandatory conditions for granting a temporary injunction: there is a serious question to be tried regarding the loan and mortgage dispute, the applicant stands to suffer irreparable loss if the properties are sold before determination of the main suit, and the balance of convenience favors the applicant as reversal of ownership post-sale would be difficult.

Court Disposition

application granted

Orders

  • Temporary injunction entered against respondents restraining sale of suit properties pending hearing and determination of the main case.
  • Costs awarded.