salehe hassan msahala vs salehe msahala constroctors limited 2 others 2024 tzhclandd 52 21 february 2024

salehe hassan msahala vs salehe msahala constroctors limited 2 others 2024 tzhclandd 52 21 february 2024

The applicant satisfied all three conditions for a temporary injunction: there is a serious issue to be tried regarding breach of contract, the applicant and his family would suffer irreparable loss if the properties are disposed of, and the balance of convenience favors the applicant. The court therefore granted a temporary injunction restraining the disposal of four out of five properties, excluding the one allegedly already sold.

Citation
salehe hassan msahala vs salehe msahala constroctors limited 2 others 2024 tzhclandd 52 21 february 2024
Parties
Applicant: Salehe Hassan Msahala; 1st Respondent: Salehe Msahara Constructors Limited; 2nd Respondent: DCB Commercial Bank PLC; 3rd Respondent: Mark Auctioneers and Court Brokers Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 February 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted in part
Legal Topics
Temporary Injunction, Breach of Contract, Mortgage, Irreparable Harm
Source Language
English
Civil Procedure Land Law Temporary Injunction Breach of Contract Mortgage Irreparable Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Salehe Hassan Msahala

Applicant

Salehe Msahara Constructors Limited

1st Respondent

DCB Commercial Bank PLC

2nd Respondent

Mark Auctioneers and Court Brokers Company Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of a temporary injunction restraining the respondents from disposing of the applicant's property pending determination of the main suit

Ratio Decidendi

The applicant satisfied all three conditions for a temporary injunction: there is a serious issue to be tried regarding breach of contract, the applicant and his family would suffer irreparable loss if the properties are disposed of, and the balance of convenience favors the applicant. The court therefore granted a temporary injunction restraining the disposal of four out of five properties, excluding the one allegedly already sold.

Court Disposition

Application granted in part

Orders

  • Temporary injunction granted restraining disposal of Plot No. 2255 Block A, Plot No. TMK/YBV/BMW26/18, Plot No. TMK/YBV/BMW30/60, and Plot No. TMK/YBV/BMW/39/70 at Barabara ya Mwinyi, Temeke Municipality for six months from the date of the ruling.
  • No injunction order on Plot No. TMK/YBV/BMW29/33.