pudensiana hillary vs standard chartered bank t ltd others 2018 tzhclandd 422 31 july 2018

pudensiana hillary vs standard chartered bank t ltd others 2018 tzhclandd 422 31 july 2018

The applicant established a prima facie case as there are serious triable issues regarding the legality of the mortgage without spousal consent and the status of the property as a matrimonial home. The applicant will suffer irreparable loss if the injunction is not granted, as she and her family may be rendered homeless. The balance of convenience favors the applicant. Therefore, the application for temporary injunction is granted.

Citation
pudensiana hillary vs standard chartered bank t ltd others 2018 tzhclandd 422 31 july 2018
Parties
Applicant: Pudensiana Hillary; 1st Respondent: Standard Chartered Bank (T) Ltd; 2nd Respondent: Charles Tumaini Chanyika; 3rd Respondent: Testa Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Matrimonial Property, Mortgage, Spousal Consent
Source Language
English
Civil Procedure Land Law Temporary Injunction Matrimonial Property Mortgage Spousal Consent

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Parties

Pudensiana Hillary

Applicant

Standard Chartered Bank (T) Ltd

1st Respondent

Charles Tumaini Chanyika

2nd Respondent

Testa Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the sale of the matrimonial house pending determination of the main suit
  2. 2 Whether the mortgage of the matrimonial property without spousal consent is valid

Ratio Decidendi

The applicant established a prima facie case as there are serious triable issues regarding the legality of the mortgage without spousal consent and the status of the property as a matrimonial home. The applicant will suffer irreparable loss if the injunction is not granted, as she and her family may be rendered homeless. The balance of convenience favors the applicant. Therefore, the application for temporary injunction is granted.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondents from alienating or selling the applicant's matrimonial house (Plot No. 227 Block 4, Certificate Title 118459, Mbweni JKT, Kinondoni District, Dar es Salaam) for six months from the date of the ruling
  • Each party to bear own costs