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Tanzania decisions
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The High Court’s Land Division dismissed a fresh suit challenging a mortgage and intended sale, holding the plaintiff was precluded by prior dismissed proceedings.
The High Court found the borrower in default and held four guarantors liable, while exonerating the 5th and 6th defendants and ordering release of CT No. 79784.
Applicant established a prima facie case, demonstrated irreparable injury, and balance of convenience favors him; status quo ante must be restored, and respondents must vacate the premises pending determination of the main suit.
Source excerpt
High Court ruling on preliminary objections in a dispute over alleged fraudulent share transfer, property occupation, jurisdiction, locus standi, and limitation.
The discharge of mortgage was fraudulent as the defendants used forged documents; the plaintiff bank is entitled to enforce the mortgage and recover the outstanding loan amount with interest and costs.
Source excerpt
The High Court of Tanzania refused a temporary injunction restraining KCB from selling mortgaged property, finding no proven fraud or irreparable harm.
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