anthony haji vs yasmine haji another 2021 tzhc 9188 13 december 2021

anthony haji vs yasmine haji another 2021 tzhc 9188 13 december 2021

The application was dismissed because there was no pending suit or legal impediment preventing the institution of a suit, making the application under section 2(3) of JALA misconceived. The applicant failed to meet the legal requirements for a temporary or Mareva injunction.

Citation
anthony haji vs yasmine haji another 2021 tzhc 9188 13 december 2021
Parties
Applicant: Anthony Haji; 1st Respondent: Yasmine Haji; 2nd Respondent: Kingsway Properties Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed without costs
Legal Topics
Temporary Injunction, Mareva Injunction, Shareholder Disputes
Source Language
English
Civil Procedure Company Law Temporary Injunction Mareva Injunction Shareholder Disputes

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Parties

Anthony Haji

Applicant

Yasmine Haji

1st Respondent

Kingsway Properties Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction under section 2(3) of the Judicature and Application of Laws Act and section 95 of the Civil Procedure Code
  2. 2 Whether there is a pending suit or legal impediment justifying a Mareva injunction

Ratio Decidendi

The application was dismissed because there was no pending suit or legal impediment preventing the institution of a suit, making the application under section 2(3) of JALA misconceived. The applicant failed to meet the legal requirements for a temporary or Mareva injunction.

Court Disposition

Application dismissed without costs

Orders

  • Application for temporary injunction dismissed
  • No order as to costs