tatu bakari masama vs zuberi hassani nzainzai another 2018 tzhclandd 37 23 february 2018

tatu bakari masama vs zuberi hassani nzainzai another 2018 tzhclandd 37 23 february 2018

The applicant failed to establish that she was the wife of the 1st respondent at the time of the mortgage and did not provide sufficient proof of marriage or registerable interest. She also failed to meet the three conditions for a temporary injunction as outlined in Atilio v. Mbowe. The court found no triable issue, irreparable loss, or greater hardship to the applicant, and held that damages would be an adequate remedy.

Citation
tatu bakari masama vs zuberi hassani nzainzai another 2018 tzhclandd 37 23 february 2018
Parties
Applicant: Tatu Bakari Masama; 1st Respondent: Zuberi Hassani Nzainzai; 2nd Respondent: Access Bank (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 February 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Temporary Injunction, Matrimonial Property, Spousal Consent, Mortgage, Irreparable Loss
Source Language
English
Land Law Family Law Civil Procedure Temporary Injunction Matrimonial Property Spousal Consent Mortgage Irreparable Loss

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Parties

Tatu Bakari Masama

Applicant

Zuberi Hassani Nzainzai

1st Respondent

Access Bank (T) Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant was the wife of the 1st respondent at the time of the mortgage
  2. 2 Whether spousal consent was required and obtained for the mortgage of matrimonial property
  3. 3 Whether the applicant established the conditions for granting a temporary injunction

Ratio Decidendi

The applicant failed to establish that she was the wife of the 1st respondent at the time of the mortgage and did not provide sufficient proof of marriage or registerable interest. She also failed to meet the three conditions for a temporary injunction as outlined in Atilio v. Mbowe. The court found no triable issue, irreparable loss, or greater hardship to the applicant, and held that damages would be an adequate remedy.

Court Disposition

Application dismissed with costs

Orders

  • Application for temporary injunction is dismissed
  • Usual consequences as to costs apply