paul mremi lyimo vs crdb bank plc another 2022 tzhclandd 12703 15 december 2022

paul mremi lyimo vs crdb bank plc another 2022 tzhclandd 12703 15 december 2022

Applicant failed to meet the first and third conditions for grant of temporary injunction; no serious question to be tried and balance of convenience favors the respondent bank. Application dismissed with costs.

Citation
paul mremi lyimo vs crdb bank plc another 2022 tzhclandd 12703 15 december 2022
Parties
Applicant: Paul Mremi Lyimo; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Ngomeni Enterprises
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Misc. Land Case Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs.
Legal Topics
Temporary Injunction, Mortgage Enforcement, Loan Agreement Dispute
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunction Mortgage Enforcement Loan Agreement Dispute

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Parties

Paul Mremi Lyimo

Applicant

CRDB Bank PLC

1st Respondent

Ngomeni Enterprises

2nd Respondent

Procedural Posture

Misc. Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether applicant has met the three mandatory conditions for grant of temporary injunction
  2. 2 Whether there is a prima facie case
  3. 3 Whether applicant will suffer irreparable loss

Ratio Decidendi

Applicant failed to meet the first and third conditions for grant of temporary injunction; no serious question to be tried and balance of convenience favors the respondent bank. Application dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed
  • Costs awarded to respondents