Misc

Applicant established prima facie case but failed to prove irreparable loss and balance of convenience in affidavit; all three conditions must be met cumulatively for injunction to be granted.

Citation: Misc
Parties: Applicant: Pilly Amos Gityamwi; 1st Respondent: TIB Development Bank Limited; 2nd Respondent: The Honourable Attorney General; 3rd Respondent: M/S Global Packing (T) Limited; 4th Respondent: Step Mark; 5th Respondent: Amos Nsenga Gityamwi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Miscellaneous Land Application / Ruling on Interim Injunction
Outcome: Application dismissed with costs
Legal Topics: Interim Injunction, Mareva Injunction, Mortgage, Spousal Consent, Affidavit Evidence
Source Language: English

Civil Procedure Land Law Interim Injunction Mareva Injunction Mortgage Spousal Consent Affidavit Evidence

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Parties

Pilly Amos Gityamwi

Applicant

TIB Development Bank Limited

1st Respondent

The Honourable Attorney General

2nd Respondent

M/S Global Packing (T) Limited

3rd Respondent

Step Mark

4th Respondent

Amos Nsenga Gityamwi

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Interim Injunction

Legal Issues

1 Whether applicant is entitled to interim injunction restraining disposal of suit property
2 Whether applicant consented to mortgage of matrimonial property
3 Whether irreparable loss and balance of convenience were established

Ratio Decidendi

Applicant established prima facie case but failed to prove irreparable loss and balance of convenience in affidavit; all three conditions must be met cumulatively for injunction to be granted.

Court Disposition

Application dismissed with costs

Orders

Application for interim injunction is dismissed
Applicant to pay costs