misc land app 13487 SCANNED

misc land app 13487 SCANNED

The applicant failed to cumulatively satisfy the three mandatory conditions for grant of interim injunction, specifically failing to show a serious contesting issue and irreparable loss not compensable by damages; therefore, the application for interim injunction is dismissed.

Citation
misc land app 13487 SCANNED
Parties
Applicant: Veraeli Eliya Kombe; 1st Respondent: Oscar Jossey Munisi; 2nd Respondent: Happiness John Leole; 3rd Respondent: Ariba Commercial Bank PLC; 4th Respondent: Suma JKT Auction Mart Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1997
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Interim Injunction
Outcome
Application dismissed with costs
Legal Topics
Interim Injunction, Mortgage, Auction Procedure, Loan Guarantee
Source Language
English
Civil Procedure Land Law Interim Injunction Mortgage Auction Procedure Loan Guarantee

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Parties

Veraeli Eliya Kombe

Applicant

Oscar Jossey Munisi

1st Respondent

Happiness John Leole

2nd Respondent

Ariba Commercial Bank PLC

3rd Respondent

Suma JKT Auction Mart Company Ltd

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction restraining the sale of the mortgaged property pending the main suit

Ratio Decidendi

The applicant failed to cumulatively satisfy the three mandatory conditions for grant of interim injunction, specifically failing to show a serious contesting issue and irreparable loss not compensable by damages; therefore, the application for interim injunction is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for interim injunction is dismissed with costs