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Applicant met the mandatory three conditions for temporary injunction; application uncontested; injunction granted to restrain sale pending main case.
Source excerpt
The High Court allowed a land appeal, finding insufficient proof that the appellant guaranteed the last loan or that valid spousal consent supported the mortgage.
The High Court upheld a home loan and mortgage substitution dispute, rejecting misrepresentation but awarding repayment, interest, mortgage discharge, and an injunction.
The High Court dismissed a claim that a mortgage was fraudulently inflated and held the plaintiff had signed for TShs. 40 million, not TShs. 10 million.
The High Court granted leave in an ex parte commercial application to issue third party notices, finding sufficient grounds for indemnity and contribution.
The High Court granted applicants unconditional leave to defend a summary suit, finding a triable issue over whether the loan had been fully repaid.
The High Court held the mortgage was extended to later loans by deed of variation, upheld the public auction sale, dismissed the main suit, and allowed the counter-claim in part.
The application for injunction was not objected to and the applicant, as the successful party, is entitled to costs as there was no good reason to depart from the general rule that costs follow the event.
Source excerpt
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.
Source excerpt
Tegeta Secondary School was the guarantor for the appellants' loans, and the trial court erred by excluding it based on misnomer and issues raised suo motu without consulting parties. The written statement of defense of the absent defendant should not have been relied upon. The appellants and Tegeta Secondary School are jointly and severally liable for repayment.
Source excerpt
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