20161004 TZHC Dodoma

20161004 TZHC Dodoma

The applicant established clear rights over the property, demonstrated the likelihood of suffering irreparable loss if the property was sold, and the balance of convenience favored the applicant as the respondent could recover its costs if successful in the main suit.

Citation
20161004 TZHC Dodoma
Parties
Applicant: Ramadhani Rashid Yusuph; Respondent: N. B. C Bank Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 2016
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Injunctive Orders
Outcome
Application granted with costs
Legal Topics
Injunctions, Mortgages, Overdraft Facilities, Irreparable Harm, Balance of Convenience
Source Language
English
Civil Procedure Land Law Banking Law Injunctions Mortgages Overdraft Facilities Irreparable Harm Balance of Convenience

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Parties

Ramadhani Rashid Yusuph

Applicant

N. B. C Bank Limited

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Injunctive Orders

Legal Issues

  1. 1 Whether the applicant is entitled to injunctive orders restraining the respondent from selling the mortgaged property pending determination of the main suit

Ratio Decidendi

The applicant established clear rights over the property, demonstrated the likelihood of suffering irreparable loss if the property was sold, and the balance of convenience favored the applicant as the respondent could recover its costs if successful in the main suit.

Court Disposition

Application granted with costs

Orders

  • Injunctive orders granted restraining the respondent from selling the applicant's property pending determination of the main suit
  • Costs awarded to the applicant