20170829 TZHC Dar es Salaam

Applicant satisfied all three conditions for grant of interlocutory injunction as per Atillio v. Mbowe; serious questions exist regarding ownership, irreparable injury likely, and balance of convenience favors applicant.

Citation: 20170829 TZHC Dar es Salaam
Parties: Applicant: State Oil (T) Limited; 1st Respondent: Bilostar Debt Collectors and Auctions Ltd; 2nd Respondent: Mohamed Khamis Fakhi; 3rd Respondent: Camel Oil (T) Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 August 2017
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Injunction
Outcome: Application granted
Legal Topics: Interlocutory Injunction, Possession, Mortgage, Auction Sale
Source Language: English

Civil Procedure Property Law Interlocutory Injunction Possession Mortgage Auction Sale

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Parties

State Oil (T) Limited

Applicant

Bilostar Debt Collectors and Auctions Ltd

1st Respondent

Mohamed Khamis Fakhi

2nd Respondent

Camel Oil (T) Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Injunction

Legal Issues

1 Whether the applicant is entitled to an interlocutory injunction restraining respondents from interfering with possession of suit premises
2 Whether irreparable injury would be caused to the applicant absent injunction
3 Whether balance of convenience favors granting injunction

Ratio Decidendi

Court Disposition

Application granted

Orders

Injunctive order restraining respondents from interfering with applicant's use of suit premises for six months from date of ruling
No order as to costs