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Citation
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Judgment date
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| October 2025 |
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Heir with letters of administration prevails over purchaser from a vendor without title; eviction of a non-possessor set aside.
Land law – acquisition and root of title; nemo dat quod non habet; admissibility of hearsay (s.62 Evidence Act); possession as prerequisite to eviction; appellate re-evaluation and assessors’ divergence (s.24 Land Disputes Courts Act).
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20 October 2025 |
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Applicant granted temporary injunction preserving possession against alleged state reversion pending trial.
Interlocutory injunction – Atilio v Mbowe three-part test – prima facie case, irreparable injury, balance of convenience – competing title vs alleged state reversion – preservation of possession pending trial.
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20 October 2025 |
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Tribunal’s title-transfer order set aside because the bank holding the encumbrance was not joined as a necessary party.
Land law – Encumbrance and title transfer – nemo dat quod non habet – orders affecting title must account for bank-held collateral. Civil procedure – Necessary parties – Order 1 Rule 10(2) CPC – bank holding title as collateral must be joined where its rights are directly affected
Evidence – Duty to analyze material evidence – failure to evaluate testimony on payment timeline and breach vitiates proceedings
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20 October 2025 |
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Tribunal's suo motu finding on time-bar without hearing violated right to be heard, thus its ruling was nullified and remitted.
Land law – restoration of dismissed application – time limitation – Tribunal raising new issue suo motu – right to be heard (Article 13(6)(a)) – natural justice – judgment nullity – remittal under section 43 of the Land Disputes Courts Act.
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18 October 2025 |
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Wrong citation of law that deprives the court of jurisdiction renders an extension application incompetent and incurable.
Land law / appellate procedure – extension of time to file Notice of Appeal – wrong citation of enabling law (Court of Appeal Rules cited instead of Appellate Jurisdiction Act) – jurisdictional defect – incurable by overriding objective or Article 107A(2)(e) – application incompetent and struck out.
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17 October 2025 |
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Appeal allowed partly: substantive dismissal of land claim affirmed; tribunal’s costs order against legal-aid beneficiary set aside.
Land law – possession and trespass – standard of proof on balance of probabilities; credibility of witnesses and weight of title documents
Evidence – conflicting sale agreements and altered measurements undermine proof of ownership. Legal aid – production of legal aid certificate and fee exemption requires proper consideration before ordering costs
Appeal – partial allowance where procedural/error in costs but substantive finding affirmed
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16 October 2025 |
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Plaintiffs failed to prove ownership of disputed properties; inconsistent documents and lack of independent witnesses led to dismissal.
Succession/land law – ownership disputes over properties alleged to have been gifted or sold prior to death – burden of proof on claimant.* Evidence – written instruments (family minutes, sale agreements, handover) must be consistent, attested where necessary, and corroborated by independent witnesses.* Registered title and administrative transfer provide strong evidence of ownership where claimants fail to prove alienation.* Locus standi – claim on behalf of a non-party property owner is incompetent.
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16 October 2025 |
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A joint administrator cannot sue alone; suit struck out for lack of locus standi despite being within limitation period.
Probate and administration – joint administrators – co-administrators must act jointly; unilateral suit by one administrator devoid of locus standi absent exceptional circumstances under s.104. Limitation of actions – accrual of cause of action in land recovery suits is when dispossession/trespass occurred, not necessarily date of deceased's death (s.5 LLA). Probate practice – limited letters (s.39) require clear evidence; absence of limitation on exhibited letters defeats section 39 objection
Procedure – counterclaim is a separate cause of action and is not automatically defeated by defects in the main suit
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16 October 2025 |
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Unauthenticated photographs failed to prove respondents wilfully disobeyed an interim order; application dismissed with costs.
Civil procedure – committal for contempt – requirement to prove wilful disobedience of clear and specific court order; Evidence Act s.64(1) – authentication and evidential value of photographs; interim orders restraining allocation or issuance of rights of occupancy – scope and interpretation; burden of proof on applicant in civil contempt applications.
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16 October 2025 |
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An unproven holding-brief arrangement and inconsistent affidavits do not establish good cause to set aside dismissal.
Civil procedure – chamber application to set aside dismissal order; sufficiency of affidavits and annexures; proof of good cause for non-appearance; holding-brief arrangements between advocates; duty of litigant to ensure appearance.
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16 October 2025 |
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Tribunal rightly struck out land suit for non-joinder of probate heirs; Kiswahili rule not retroactively applicable.
Civil procedure — Non-joinder of necessary parties — Heirs shown in probate inventory as distributed estate are necessary parties to land suit. Language of proceedings — GN No. 66/2022 (mandatory Kiswahili) not applicable retroactively to pleadings filed before its commencement
Pleadings — Effect of amendment: amended pleadings govern proceedings but earlier pleadings remain on record for reference
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16 October 2025 |
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Preliminary objections on limitation and estoppel dismissed; conflict of interest by plaintiff’s advocates sustained, plaintiff allowed to amend plaint.
Land law – accrual of cause of action – whether registration of co-ownership in 2004 or later acts triggered limitation
Evidence/estoppel – promissory/equitable estoppel requires proof of elements and evaluation of evidence, not decidable on preliminary objection. Advocates’ professional conduct – Regulation 45 and 96 GN No. 118/2018; advocate acting as witness or being connected to the firm representing a party creates real conflict and may vitiate proceedings
Remedy – where conflict established, proceedings may be remedied by barring conflicted advocate and permitting amendment of pleadings
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16 October 2025 |
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Extension of time refused where alleged illegality was not apparent on record and applicants failed to account for delay.
Civil procedure – Extension of time – exercise of judicial discretion under s.14(1) Law of Limitation Act – requirement to show sufficient/good cause and account for each day of delay. Illegality as ground for extension – must be apparent on the face of the record and shown to have prejudiced the applicant. Service by publication, party misdescription and title/survey disputes – factual issues not amounting to apparent illegality where prejudice not demonstrated. Alternative remedies – availability of fresh suit or civil procedure remedies relevant to relief sought
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16 October 2025 |
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Whether a dispute over a mortgaged property is a land matter or a contractual commercial dispute.
Jurisdiction — Land Division v Commercial Division; definition of "matters concerning land" under Section 177(1) Land Act; mortgage-related disputes — distinguishing proprietary land disputes from contractual banking/loan disputes; competence of suit before Land Division.
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16 October 2025 |
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Court recorded and entered a Deed of Settlement as consent judgment restoring title by refund and ordering parties to bear their own costs.
Consent judgment – Court adopts and records Deed of Settlement as final judgment. Property law – Alleged invalid mortgage/sale and restitution of title by agreement. Good faith purchaser – transfer registered without disclosure of existing injunction; restored by refund and surrender of title. Civil procedure – Withdrawal of suit and abandonment of claims by applicant following settlement
Costs – Parties agreed each to bear own costs, recorded and endorsed by court
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15 October 2025 |
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Whether a tribunal lawfully abated proceedings against a deceased respondent and whether subsequent judgment and attachment are invalid.
Land law – Abatement on death of a party – Order XXII r.4 (death of defendant) – Wrong citation of rule is a curable clerical error – Requirement to allow statutory period for appointment of legal representative – Attachment and sale of property must be procedurally proportionate.
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15 October 2025 |
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Tribunal lacked jurisdiction over a monetary post-auction breach-of-contract claim; counterclaim struck out.
Land law – jurisdiction of District Land and Housing Tribunal – determination by pleaded facts and reliefs sought. Mortgage and auction – sale of mortgaged property may convert remaining claim into a contractual monetary dispute, not a proprietary land dispute
Pleadings – unsupported relief (vacant possession) cannot confer jurisdiction
Procedure – striking out of counterclaim where preliminary objection to jurisdiction is sustained
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15 October 2025 |
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15 October 2025 |
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Applicant failed to show good cause for delay; extension of time to appeal was refused.
Land law — extension of time to file appeal from District Land and Housing Tribunal — "good cause" requirement — applicant must account for entire period of delay; late supply of copies insufficient if delay unexplained; reliance on Lyamuya and related authorities.
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15 October 2025 |
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Applicant failed to show good cause or account for the delay; extension of time to appeal was refused.
Land law – extension of time to appeal – section 44(2) Land Disputes Courts Act – requirement to show "good cause". Civil procedure – extension applications – applicant must account for the entire period of delay; even a single day's delay must be explained
Authorities – application of Lyamuya factors and subsequent jurisprudence
Costs – each party to bear own costs where extension application dismissed
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15 October 2025 |
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Appeal allowed where tribunal failed to explain recusal, improperly closed defence, and neglected conflicting land descriptions.
Land disputes – description of immovable property and boundaries; necessity of clear evidence and locus in quo where descriptions conflict; judicial recusal – requirement to disclose reasons and ensure transparency; procedural fairness – improper closure of defence in absence of party or advocate; impact of cumulative procedural irregularities on validity of proceedings.
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13 October 2025 |
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Procedural defects—undisclosed recusal and improper closure of defence amid unclear boundaries—warrant quashing and retrial.
Land law – boundary disputes and need for clear property description; locus in quo where boundaries unclear; judicial recusal and recording of reasons; improper closure of party’s case — procedural fairness; admissibility and weight of sale agreements (procedural irregularity).
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13 October 2025 |
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Suo motu striking out of a bill of costs for minor date‑format error violated the right to be heard and was set aside.
* Administrative law – right to be heard – suo motu rulings – failure to afford hearing renders decision a nullity. Civil procedure – Bill of Costs – Order 55(1)(a) – date‑format non‑compliance is procedural/technical and curable absent prejudice. Overriding Objective – Article 107A – procedural defects susceptible to cure to secure substantive justice
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10 October 2025 |
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Plaintiff permitted to amend plaint to reflect demolition and losses; amendment not a new cause of action.
Civil procedure – Amendment of pleadings – Order VI r.17 CPC – Whether amendment introduces new cause of action – Prejudice and costs – Overriding objective (ss.3A, 3B CPC).
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10 October 2025 |
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Clerical errors in execution orders do not justify extension of time for review; such errors are correctable under the Civil Procedure Code.
Extension of time – whether clerical errors or inconsistent case references justify extension under Limitation Act – correct remedy under section 106 Civil Procedure Code
Civil Procedure – correction of clerical or arithmetical mistakes ("sleep of the pen")
Limitation law – appropriate invocation of section 14(1) vs other remedies for errors in orders
Procedural fairness – consideration of written submissions and right to be heard (raised but decision rested on legal error)
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9 October 2025 |
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Non-joinder of the Tanzania Airports Authority as a necessary party rendered the land suit incompetent and struck out.
Land law — Necessary party — Non-joinder of government authority claiming title (Tanzania Airports Authority) — Fatal irregularity — Proceedings and judgment nullified — s.47 Land Disputes Courts Act invoked.
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9 October 2025 |
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Non-joinder of the national airports authority as a necessary party rendered the tribunal's proceedings null and the application incompetent.
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9 October 2025 |
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A residential licence obtained after an earlier sale is invalid if shown to be fraudulently procured and unsupported by credible evidence.
Land law – proof of ownership – conflict between residential licence and prior sale agreement; Documentary evidence – admissibility and weight where documents are unsigned, altered or inconsistent; Forgery allegations – burden to prove and significance of lodging formal complaint; Fraudulent procurement of title documents – effect on validity of licences and renewals.
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9 October 2025 |
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Uncontested medical evidence in an affidavit can establish good cause and justify setting aside dismissal for non‑appearance.
Evidence — medical report annexed to affidavit — uncontested in counter‑affidavit — constitutes admissible evidence of good cause for non‑appearance; Civil procedure — setting aside dismissal for default under regulation 11(1)(b) GN 174/2003 — Tribunal’s requirement for additional medical chit unnecessary; Proof — failure to challenge evidence in counter‑affidavit limits subsequent attacks on authenticity.
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9 October 2025 |
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Double allocation by the land authority invalidated a later title; the earlier allotee retains ownership and is entitled to possession and damages.
Land law – double allocation by allocating authority – validity of subsequent certificate of occupancy – priority principle in competing land interests – trespass and unlawful demolition – damages and vacant possession.
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9 October 2025 |
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The counter claimant proved ownership by registered title; alleged fraud unproven, mesne profits and damages denied.
Land law – Ownership by registration – Certificate of title conclusive evidence of ownership unless unlawfully obtained; Evidence – Onus of proof in civil cases and higher standard where fraud is alleged; Fraud – Allegations require more than verbal denial, forensic proof or material witnesses; Remedies – Mesne profits and damages require proof of unlawful occupation.
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9 October 2025 |
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A non‑party’s revision under section 43 is subject to the 60‑day limitation; late revision struck out with costs.
Land law – Revision under section 43 Land Disputes Courts Act – where statute silent, Law of Limitation Act applies
Limitation – Item 21 Part III Schedule to Law of Limitation Act prescribes 60 days for applications where no period is provided; time runs from judgment delivery (s.6(c))
Procedure – Non‑party to original proceedings is bound by limitation for revision and must apply for extension if delayed
Relief – Late revision without extension is incompetent and liable to be struck out with costs
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8 October 2025 |
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A dismissal with liberty to refile does not automatically create res judicata if the claimant did not litigate under the same title.
Civil procedure – Res judicata under section 11 CPC – requirements for constructive res judicata; dismissal for want of prosecution and liberty to refile; necessity of litigating under the same title.
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8 October 2025 |
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8 October 2025 |
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Limitation exclusion under section 21 LLA, pleading/ proof of fraud, and priority of earlier land sale upheld; appeal dismissed with costs.
Land law – limitation periods and section 21 LLA – exclusion of time spent prosecuting proceedings before an incompetent court
Evidence – failure to call a witness – adverse inference not automatic where non-appearance is explained and proceedings validly proceeded ex parte. Civil procedure – fraud/forgery allegations must be specifically pleaded with particulars and proved to a higher standard. Land law – priority principle: earlier transfer prevails; later sale cannot pass better title. Appellate review – sanctity of court/tribunal record; appellate court relies on recorded proceedings
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7 October 2025 |
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Appeal allowed because the plaint failed to describe the disputed land sufficiently, rendering the suit incompetent.
Land law – pleadings – description of immovable property – Order VII r.3 Civil Procedure Code – requirement for sufficient particulars (location, size, boundaries, neighbours or title number). Civil procedure – District Land and Housing Tribunal – application of Civil Procedure Code where tribunal regulations are inadequate
Pleadings – binding nature of pleadings – evidence cannot supply unpleaded particulars
Procedural – preliminary objection raised in reply without leave is improperly raised and may be ignored
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7 October 2025 |
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Administrator’s land claim dismissed as time‑barred; cause of action found to have accrued at date of registration, not date of later discovery.
Limitation law – accrual of cause of action for recovery of registered land – registration date as start of limitation period
Law of Limitation s.25 – exclusion of time between death and appointment of legal representative
Procedure – non‑joinder of Registrar of Titles in disputes involving registration and transfers of land. Knowledge/test for when limitation begins in land recovery claims
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7 October 2025 |
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Application struck out because applicant sued the estate's legal representative personally and misdescribed a respondent's office.
Probate and Administration of Estates Act s.71 — locus standi of legal personal representative; misjoinder/non-joinder; chamber summons with affidavit unamendable; Order I r.9 amendment not available; naming non-existent public office; preliminary objection (Mukisa standard)
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7 October 2025 |
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Review refused where applicant relied on documents in final submissions and alleged errors requiring appeal rather than patent review.
Civil procedure – Review – Scope limited to errors apparent on the face of the record or newly discovered evidence – Distinction between erroneous decision (appeal) and reviewable error (patent)
Evidence – Documents annexed to final submissions are not evidence unless admitted at trial. Land law – Effect of prior Ward Tribunal/District Land and Housing Tribunal decisions – admissibility and relevance in subsequent suits
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7 October 2025 |
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An execution order by the District Land and Housing Tribunal is not appealable; extension to appeal was struck out.
Civil procedure – Extension of time – Illegality as ground for extension – Illegality cannot make non-appealable execution orders appealable. Land disputes – Execution of Ward Tribunal consent decree – DLHT executing a Ward Tribunal award – execution orders not appealable to High Court
Jurisdiction – Section 41(2) LDCA – appeals lie where DLHT exercised original/appellate/revisional jurisdiction; wrong citation of enabling provision not fatal
Execution – Proper remedy to challenge execution is application to executing tribunal or fresh proceedings (e.g., where fraud alleged)
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6 October 2025 |
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The Court found the land recovery claim time-barred because the cause of action arose in 2012 and no limitation exemption was pleaded.
Land law – recovery of land – accrual of cause of action upon re-survey and apportionment (2012); Limitation – twelve-year period for actions to recover land; Law of Limitation Act and Order VII Rule 6 – requirement to plead exemption/tolling; Civil procedure – preliminary objection for lack of jurisdiction due to time bar.
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6 October 2025 |
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Mareva injunction refused: prima facie dispute exists but no irreparable loss, and sale/transfer to third parties precludes relief.
Civil procedure — Interim injunctions (Mareva) — Application of Atilio v. Mbowe three-limb test: prima facie case, irreparable harm, balance of convenience; Mortgage enforcement — sale of mortgaged property and effect on interim relief; Finality of transactions and protection of bona fide purchasers; Overtaken-by-events doctrine where transfer of ownership is underway
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6 October 2025 |