oscar johnson shoo vs fridaus khamis 2 others 2023 tzhclandd 16840 22 august 2023

Applicant met the mandatory three conditions for temporary injunction; application uncontested; injunction granted to restrain sale pending main case.

Citation: oscar johnson shoo vs fridaus khamis 2 others 2023 tzhclandd 16840 22 august 2023
Parties: Applicant: Oscar Johnson Shoo; 1st Respondent: Firdaus Khamis; 2nd Respondent: AML Finance Limited; 3rd Respondent: Raissa Company Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 August 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Interim Injunction
Outcome: Temporary injunction granted
Legal Topics: Interim Injunction, Temporary Injunction, Sale by Auction, Loan Guarantee, Service of Notice
Source Language: English

Civil Procedure Land Law Interim Injunction Temporary Injunction Sale by Auction Loan Guarantee Service of Notice

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Parties

Oscar Johnson Shoo

Applicant

Firdaus Khamis

1st Respondent

AML Finance Limited

2nd Respondent

Raissa Company Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Interim Injunction

Legal Issues

1 Whether mandatory notices were served to the applicant
2 Whether applicant is entitled to interim injunction restraining sale of property

Ratio Decidendi

Applicant met the mandatory three conditions for temporary injunction; application uncontested; injunction granted to restrain sale pending main case.

Court Disposition

Temporary injunction granted

Orders

Respondents restrained from selling the applicant's property pending hearing of main case
Each party to bear its own costs