zaidi baraka vs national microfinance bank plc another 2023 tzhclandd 16491 27 april 2023

The applicant established a triable issue regarding ownership and contractual relationship, demonstrated likelihood of suffering great loss, and the respondents did not object; thus, the requirements for granting a temporary injunction were met.

Citation: zaidi baraka vs national microfinance bank plc another 2023 tzhclandd 16491 27 april 2023
Parties: Applicant: Zaidi Baraka; 1st Respondent: National Microfinance Bank PLC; 2nd Respondent: Adili Auction Mart Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 27 April 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome: Application granted
Legal Topics: Temporary Injunction, Ownership Dispute, Ex Parte Proceedings
Source Language: English

Land Law Civil Procedure Temporary Injunction Ownership Dispute Ex Parte Proceedings

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Parties

Zaidi Baraka

Applicant

National Microfinance Bank PLC

1st Respondent

Adili Auction Mart Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

1 Whether the applicant is entitled to a temporary injunction restraining the sale of the suit property
2 Whether there is a triable issue regarding ownership and contractual relationship between the applicant and the 1st respondent

Ratio Decidendi

Court Disposition

Application granted

Orders

Temporary injunction restraining the respondents from selling the applicant's house with CT No. 55040 located on Plot No. 2 Block E, Sinza, Kinondoni District, Dar es Salaam, pending determination of the main suit
Costs to follow the event