The deceased, the late Masoud Omary Muyinga, was a member and the Chairman of the Board of Trustees of the Registered Trustees of the Respondent. The deceased advanced a loan to the Respondent which remained outstanding before his death of about Tshs. 600,000,000. After his death, the remaining members of the Respondent stopped paying back the loan. After the applicant was confirmed by the Court to be the Administrator of the estates of the late Masoud Omary Muyinga, he demanded the payments. The matter was referred to the District Commissioner. The District Commissioner called the parties and held some negotiations, and thereafter the parties reconciled and Respondent acknowledged the debt of Tshs. 459,888,900 and promised to pay the agreed outstanding amount in instalments. The applicant was not happy with the proposed mode of payment, he filed the present suit demanding, among other things, immediate payment of the whole outstanding amount. Along with the suit, which is still pending the applicant filed an application for temporary relief of injunction restraining the Respondents from selling the school or from mortgaging the school. The issue before the Court was whether the application for injunction has merit.

