st thomas nursery and primary school limited vs mak medics limited and 2 others 2021 tzhc 7551 2 december 2021

st thomas nursery and primary school limited vs mak medics limited and 2 others 2021 tzhc 7551 2 december 2021

The applicant demonstrated apprehended irreparable loss if properties are sold, and the balance of hardship favors the applicant. Statutory notice requirements were not sufficiently complied with. Temporary injunction is warranted pending determination of the main case or lapse of statutory period.

Citation
st thomas nursery and primary school limited vs mak medics limited and 2 others 2021 tzhc 7551 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, Notice of Default, Irreparable Loss
Source Language
English
Civil Procedure Land Law Temporary Injunction Mortgage Notice of Default Irreparable Loss

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 determination of the main case
  2. 2 Whether proper statutory notice was served as required under the Land Act

Ratio Decidendi

The applicant demonstrated apprehended irreparable loss if properties are sold, and the balance of hardship favors the applicant. Statutory notice requirements were not sufficiently complied with. Temporary injunction is warranted pending determination of the main case or lapse of statutory period.

Court Disposition

Application granted

Orders

  • Respondents restrained from attaching and selling 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.