neshi mwinjuma kitogo vs bank of africa t ltd 2024 tzhccomd 19 1 march 2024

neshi mwinjuma kitogo vs bank of africa t ltd 2024 tzhccomd 19 1 march 2024

The applicant failed to meet the conditions for interim relief: she delayed seeking restoration for over four years after eviction, her alleged loss is compensable by monetary damages, and granting restoration would pre-empt the main suit and disturb a long-standing status quo. The application is without merit and is dismissed.

Citation
neshi mwinjuma kitogo vs bank of africa t ltd 2024 tzhccomd 19 1 march 2024
Parties
Applicant: Neshi Mwinjuma Kitogo; 1st Respondent: Bank of Africa (T) Limited; 2nd Respondent: Adili Auction Mart Co. Ltd; 3rd Respondent: Mohamed Abdallah Mohamed; 4th Respondent: Seleman Maoud Mkiriti; 5th Respondent: Amina Mohamed Mkiriti; 6th Respondent: Bilo Star Debt Collectors Co. Ltd; 7th Respondent: Nampula Auction Mart Co. Ltd; 8th Respondent: Seif Omar Madoto
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 March 2024
Procedural Posture
Miscellaneous Commercial Application / Ruling on Interlocutory Application for Restoration Pending Main Suit
Outcome
Application dismissed
Legal Topics
Interim/interlocutory Relief, Eviction, Restoration of Possession, Mortgage and Foreclosure, Balance of Convenience
Source Language
English
Civil Procedure Commercial Law Property Law Interim/interlocutory Relief Eviction Restoration of Possession Mortgage and Foreclosure Balance of Convenience

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Parties

Neshi Mwinjuma Kitogo

Applicant

Bank of Africa (T) Limited

1st Respondent

Adili Auction Mart Co. Ltd

2nd Respondent

Mohamed Abdallah Mohamed

3rd Respondent

Seleman Maoud Mkiriti

4th Respondent

Amina Mohamed Mkiriti

5th Respondent

Bilo Star Debt Collectors Co. Ltd

6th Respondent

Nampula Auction Mart Co. Ltd

7th Respondent

Seif Omar Madoto

8th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Interlocutory Application for Restoration Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to restoration to the house pending determination of the main suit
  2. 2 Whether the applicant has met the conditions for grant of interim/interlocutory relief

Ratio Decidendi

The applicant failed to meet the conditions for interim relief: she delayed seeking restoration for over four years after eviction, her alleged loss is compensable by monetary damages, and granting restoration would pre-empt the main suit and disturb a long-standing status quo. The application is without merit and is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for restoration to the house pending the main suit is dismissed without costs.