unction trading company ltd vs kcb bank another 2022 tzhclandd 12440 24 october 2022

unction trading company ltd vs kcb bank another 2022 tzhclandd 12440 24 october 2022

The applicant established a prima facie case, demonstrated likelihood of irreparable loss, and the balance of convenience favored the applicant. The application for temporary injunction was granted as unopposed and meritorious.

Citation
unction trading company ltd vs kcb bank another 2022 tzhclandd 12440 24 october 2022
Parties
Applicant: UNCTION TRADING COMPANY LTD; 1st Respondent: KCB BANK; 2nd Respondent: MM AUCTIONEER AND DEBT COLLECTOR COMPANY LTD MART
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application granted
Legal Topics
Temporary Injunction, Mortgage, Auction, Irreparable Loss, Balance of Convenience
Source Language
English
Land Law Civil Procedure Temporary Injunction Mortgage Auction Irreparable Loss Balance of Convenience

Case Brief

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Parties

UNCTION TRADING COMPANY LTD

Applicant

KCB BANK

1st Respondent

MM AUCTIONEER AND DEBT COLLECTOR COMPANY LTD MART

2nd 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 sale of mortgaged properties pending determination of the main suit

Ratio Decidendi

The applicant established a prima facie case, demonstrated likelihood of irreparable loss, and the balance of convenience favored the applicant. The application for temporary injunction was granted as unopposed and meritorious.

Court Disposition

Application granted

Orders

  • Temporary restraint order entered against the respondents and their agents on the suit properties pending hearing and determination of the main suit (Land Case No. 222 of 2022)
  • Each party to bear their own costs