richard kimwaga stika vs ncba bank another 2022 tzhclandd 12622 25 november 2022

richard kimwaga stika vs ncba bank another 2022 tzhclandd 12622 25 november 2022

The applicant failed to satisfy all three conditions for grant of a temporary injunction, particularly the balance of convenience, as the respondents, especially the bank, would suffer greater hardship due to the outstanding loan and lack of repayment since 2018. The law requires all conditions to be met, which was not the case here.

Citation
richard kimwaga stika vs ncba bank another 2022 tzhclandd 12622 25 november 2022
Parties
Applicant: Richard Kimwaga Stika; 1st Respondent: NCBA Bank; 2nd Respondent: Bens Agrostar Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Loan Default, Matrimonial Property, Balance of Convenience
Source Language
English
Civil Procedure Land Law Temporary Injunction Loan Default Matrimonial Property Balance of Convenience

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Parties

Richard Kimwaga Stika

Applicant

NCBA Bank

1st Respondent

Bens Agrostar Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of a temporary injunction
  2. 2 Whether there is a prima facie case, irreparable injury, and balance of convenience in favour of the applicant

Ratio Decidendi

The applicant failed to satisfy all three conditions for grant of a temporary injunction, particularly the balance of convenience, as the respondents, especially the bank, would suffer greater hardship due to the outstanding loan and lack of repayment since 2018. The law requires all conditions to be met, which was not the case here.

Court Disposition

Application dismissed

Orders

  • The application for temporary injunction is dismissed without costs.