MIsc

MIsc

The applicant failed to demonstrate that the suit properties are in danger as required by Order XXXVII Rule 1 of the CPC and did not show irreparable loss. The conditions for granting an injunction as set out in Atilio vs. Mbowe were not met. The properties have already been sold following a valid court decree, and the court cannot issue an injunctive order against its own decree.

Citation
MIsc
Parties
Applicant: Patrick Edward Moshi; 1st Respondent: NCBA Bank of Tanzania Ltd; 2nd Respondent: El Malik About t/a Santana Investment Ltd; 3rd Respondent: Elizabeth Willilo Mangesho; 4th Respondent: Registered Trustees of Lutheran Church of Tanzania; 5th Respondent: Yono Auction Mart and Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunctive Order Pending Main Suit
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Injunctions, Mortgage Enforcement, Sale of Mortgaged Property
Source Language
English
Civil Procedure Land Law Interlocutory Injunctions Mortgage Enforcement Sale of Mortgaged Property

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Parties

Patrick Edward Moshi

Applicant

NCBA Bank of Tanzania Ltd

1st Respondent

El Malik About t/a Santana Investment Ltd

2nd Respondent

Elizabeth Willilo Mangesho

3rd Respondent

Registered Trustees of Lutheran Church of Tanzania

4th Respondent

Yono Auction Mart and Company Ltd

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Injunctive Order Pending Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to an order maintaining status quo pending determination of the main suit
  2. 2 Whether the conditions for granting an interlocutory injunction are met

Ratio Decidendi

The applicant failed to demonstrate that the suit properties are in danger as required by Order XXXVII Rule 1 of the CPC and did not show irreparable loss. The conditions for granting an injunction as set out in Atilio vs. Mbowe were not met. The properties have already been sold following a valid court decree, and the court cannot issue an injunctive order against its own decree.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs