joseph elias kitambi others vs crdb bank plc others 2019 tzhc 125 18 october 2019

joseph elias kitambi others vs crdb bank plc others 2019 tzhc 125 18 october 2019

The application for temporary injunction fails because the auction was legally conducted, applicants defaulted on loan, restoration cannot be granted in interlocutory proceedings, and balance of convenience favors respondents.

Citation
joseph elias kitambi others vs crdb bank plc others 2019 tzhc 125 18 october 2019
Parties
1st Applicant: Joseph Elias Kitambi; 2nd Applicant: Hilux Hotel Limited; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Comrade Auction Mart and Court Brokers; 3rd Respondent: Great Vision Adventures Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed for lack of merits.
Legal Topics
Temporary Injunction, Mortgage Enforcement, Auction Sale, Loan Default
Source Language
English
Civil Procedure Land Law Banking Law Temporary Injunction Mortgage Enforcement Auction Sale Loan Default

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Parties

Joseph Elias Kitambi

1st Applicant

Hilux Hotel Limited

2nd Applicant

CRDB Bank PLC

1st Respondent

Comrade Auction Mart and Court Brokers

2nd Respondent

Great Vision Adventures Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicants are entitled to a temporary injunction to restrain interference with mortgaged properties
  2. 2 Whether the auction sale was conducted legally
  3. 3 Whether restoration of possession can be granted in an interlocutory application

Ratio Decidendi

The application for temporary injunction fails because the auction was legally conducted, applicants defaulted on loan, restoration cannot be granted in interlocutory proceedings, and balance of convenience favors respondents.

Court Disposition

Application dismissed for lack of merits.

Orders

  • Interim orders sought are not granted.
  • Costs shall follow events.