said hussein abdallah lupande vs crdb bank plc another 2018 tzhclandd 528 31 august 2018

said hussein abdallah lupande vs crdb bank plc another 2018 tzhclandd 528 31 august 2018

The applicant failed to establish any serious triable issue, irreparable loss, or that the balance of convenience favored him. All three conditions for granting a temporary injunction were not met. The application was therefore dismissed with costs.

Citation
said hussein abdallah lupande vs crdb bank plc another 2018 tzhclandd 528 31 august 2018
Parties
Applicant: Said Hussein Abdallah Lupande; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Halifax Investment (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Mortgage, Guarantee, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Banking Law Civil Procedure Temporary Injunction Mortgage Guarantee Irreparable Loss Balance of Convenience

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Parties

Said Hussein Abdallah Lupande

Applicant

CRDB Bank PLC

1st Respondent

Halifax Investment (T) Ltd

2nd 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 respondents from selling or interfering with the applicant's house pending the hearing of the main application

Ratio Decidendi

The applicant failed to establish any serious triable issue, irreparable loss, or that the balance of convenience favored him. All three conditions for granting a temporary injunction were not met. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed
  • Applicant to pay costs