st thomas nursery and primary school limited vs mak medics limited 2 others 2021 tzhc 9131 2 december 2021

st thomas nursery and primary school limited vs mak medics limited 2 others 2021 tzhc 9131 2 december 2021

The applicant demonstrated apprehended irreparable loss if the properties were sold, and the balance of hardship favored the applicant. There were contradictions in the statutory notices, and statutory notice requirements were not clearly met. The conditions for a temporary injunction were satisfied.

Citation
st thomas nursery and primary school limited vs mak medics limited 2 others 2021 tzhc 9131 2 december 2021
Parties
Applicant: St. Thomas Nursery and Primary School Limited; 1st Respondent: Mak Medics Limited; 2nd Respondent: NMB Bank PLC; 3rd Respondent: Kilicraals Adventure and Safaris Auctionee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage Enforcement, Service of Statutory Notice
Source Language
English
Civil Procedure Land Law Temporary Injunction Mortgage Enforcement Service of Statutory Notice

Case Brief

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Parties

St. Thomas Nursery and Primary School Limited

Applicant

Mak Medics Limited

1st Respondent

NMB Bank PLC

2nd Respondent

Kilicraals Adventure and Safaris Auctionee

3rd 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 the mortgaged properties pending the main suit
  2. 2 Whether statutory notice requirements under the Land Act were complied with

Ratio Decidendi

The applicant demonstrated apprehended irreparable loss if the properties were sold, and the balance of hardship favored the applicant. There were contradictions in the statutory notices, and statutory notice requirements were not clearly met. The conditions for a temporary injunction were satisfied.

Court Disposition

Application granted

Orders

  • Respondents are restrained from attaching and selling the applicant's mortgaged properties pending determination of Land Case No. 14 of 2021 or lapse of statutory period for temporary injunctive orders, whichever comes first.
  • Costs to be in the course.