tanzania printers ltd vs tanzania buildings agency others 2012 tzhc 133 18 june 2012
The applicant, having voluntarily acted as guarantor and pledged his house as security, cannot rely on personal hardship or the borrower's disappearance to prevent the sale. The application for injunction lacks merit and is dismissed; the sale may proceed.
- Citation
- tanzania printers ltd vs tanzania buildings agency others 2012 tzhc 133 18 june 2012
- Parties
- Applicant: Saidi Ally Kilango; Respondent: EFC Tanzania M.F.C. Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 June 2012
- Procedural Posture
- Land Case / Ruling on Interlocutory Application for Injunction
- Outcome
- Application dismissed
- Legal Topics
- Injunctions, Guarantor Liability, Loan Default, Sale of Mortgaged Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Saidi Ally Kilango
Applicant
EFC Tanzania M.F.C. Limited
Respondent
Procedural Posture
Land Case / Ruling on Interlocutory Application for Injunction
Legal Issues
- 1 Whether the applicant is entitled to an injunction restraining the sale of his house pending determination of the main suit
- 2 Whether the applicant's personal circumstances justify a stay of sale despite being a guarantor
Ratio Decidendi
The applicant, having voluntarily acted as guarantor and pledged his house as security, cannot rely on personal hardship or the borrower's disappearance to prevent the sale. The application for injunction lacks merit and is dismissed; the sale may proceed.
Court Disposition
Application dismissed
Orders
- Sale of the disputed house to proceed as indicated in the notice of sale
- No order as to costs
Full Case Text
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