zaoma limited another versus maendeleo bank t ltd 2023 tzhclandd 16532 18 may 2023
The applicants met all the conditions required for an order of injunction, and the respondent did not object to the application. Therefore, the injunction was granted.
Source-derived case information.
- Citation
- zaoma limited another versus maendeleo bank t ltd 2023 tzhclandd 16532 18 may 2023
- Parties
- Applicant: Zaoma Limited; Applicant: Michael Callyst Maro; Respondent: Maendeleo Bank (T) Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 May 2023
- Procedural Posture
- Miscellaneous Land Case Application / Interlocutory Application for Injunction
- Outcome
- Application allowed
- Legal Topics
- Interlocutory Injunction, Mortgage, Restraint on Disposal of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaoma Limited
Applicant
Michael Callyst Maro
Applicant
Maendeleo Bank (T) Ltd
Respondent
Procedural Posture
Miscellaneous Land Case Application / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the applicants are entitled to an interlocutory injunction restraining the respondent from disposing of the mortgaged properties pending the determination of the main suit
Ratio Decidendi
The applicants met all the conditions required for an order of injunction, and the respondent did not object to the application. Therefore, the injunction was granted.
Court Disposition
Application allowed
Orders
- Respondent is restrained from mortgaging or disposing of the suit premises pending the final determination of Land Case No. 115 of 2023.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION NO.250 OF 2023 (Arising from Land Case No. 115 of 2023) ZAOMA LIMITED 1®^ APPLICANT MICHAEL CALLYST MARO 2^° APPLICANT VERSUS MAENDELEO BANK(T) LTD RESPONDENT RULING Date ofLast Order: 10.05.2023 Date ofRuling: 18.05.2023 T. N. MWENEGOHA^J. The Application was brought under Order XXXVII Rule 1(a)&(b)of the Civil Procedure Cap 33 R. E. 2019. It was supported by the joint affidavit of David Maro and Nllchael Callyst Maro, the applicants here in above. The applicants are seeking for an order of Injunction against the respondent, to restrain him from disposing the applicants' mortgaged properties, located at Plot No. 284/285, Block 44, Kijitonyama Area, Kinondoni Municipality, Dar es Salaam Region, with Tittle No. 186247 and Farm No. 2137 with Tittle No. 153782, located at Misugusugu Kibaha Area, within Coast Region. The respondent was served with the application and appeared on the date scheduled for mention, that is on the 10"^ of May, 2023. On the same day, the respondent, through Mr. Josephat Mbeiwa, her learned Counsel, conceded to the application for injuction against her, but prayed to the Court, not to award costs against the respondent. I have further gone through the Application and I am satisfied that the applicant has met all the conditions required for an order of an Injunction to be granted. As the respondents are not objecting to the Application, I will not analyse these conditions in this Ruling. For that reason, I allow the Application and the respondent is restrained from mortgaging the suit premises, pending the final determination of main suit, vide Land Case No. 115 of 2023. No order as to costs. N N JUDGE a\GH Co 18/05/2023 "-I r > A //•