PATRICK CHRISTOPHER

PATRICK CHRISTOPHER

The applicant satisfied all criteria for a temporary injunction: there is a serious question to be tried in the main suit, the applicant stands to suffer irreparable loss if the properties are disposed of, and the balance of convenience favours the applicant. Therefore, a four-month injunction is granted restraining the respondent from disposing of the applicant’s landed properties pending determination of the main case.

Citation
PATRICK CHRISTOPHER
Parties
Applicant: Patrick Christopher Masahi; Respondent: CRDB Bank PLC
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Main Suit
Outcome
Application allowed
Legal Topics
Temporary Injunction, Mortgage, Loan Disbursement, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunction Mortgage Loan Disbursement Irreparable Loss Balance of Convenience

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Parties

Patrick Christopher Masahi

Applicant

CRDB Bank PLC

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from disposing of the mortgaged properties pending determination of the main suit
  2. 2 Whether the applicant will suffer irreparable loss if the injunction is not granted
  3. 3 Whether there is a serious triable issue in the main suit

Ratio Decidendi

The applicant satisfied all criteria for a temporary injunction: there is a serious question to be tried in the main suit, the applicant stands to suffer irreparable loss if the properties are disposed of, and the balance of convenience favours the applicant. Therefore, a four-month injunction is granted restraining the respondent from disposing of the applicant’s landed properties pending determination of the main case.

Court Disposition

Application allowed

Orders

  • A four-month temporary injunction is granted restraining the respondent from disposing of the applicant’s landed properties on Plot No. 747 Block ‘B’ Nyegezi and Plot No. 68 Block ‘B’ Bwiru in Mwanza City, pending determination of the main suit.
  • Costs to follow the course.