Misc

The applicants met all three preconditions for a Mareva injunction: there is a serious question to be tried regarding ownership and rights over the land; applicants would suffer irreparable loss if evicted or their properties demolished; and the balance of convenience favors the applicants as they would suffer greater hardship than the respondents. The lack of a counter affidavit from respondents means the factual allegations are unchallenged.

Citation: Misc
Parties: Applicants: Aron Emmrod Malisa and 49 Others; 1st Respondent: Kinondoni Municipal Council; 2nd Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 26 January 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Mareva Injunction
Outcome: Application granted
Legal Topics: Mareva Injunction, Temporary Injunction, Statutory Notice to Sue Government, Ownership of Land, Balance of Convenience, Irreparable Harm
Source Language: English

Land Law Civil Procedure Mareva Injunction Temporary Injunction Statutory Notice to Sue Government Ownership of Land Balance of Convenience Irreparable Harm

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Parties

Aron Emmrod Malisa and 49 Others

Applicants

Kinondoni Municipal Council

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Mareva Injunction

Legal Issues

1 Whether the applicants have met the conditions for grant of Mareva injunction
2 Whether there is a serious question to be tried
3 Whether applicants would suffer irreparable loss

Ratio Decidendi

Court Disposition

Application granted

Orders

Order of Mareva injunction granted pending expiry of the 90 days' notice to sue the government
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