AUGUSTINE BANZI SCANNED

AUGUSTINE BANZI SCANNED

The application for a mareva injunction is dismissed because the suit premises have already been allocated to a third party who is not a party to the proceedings, making the application overtaken by events and raising issues of natural justice as the new tenant has not been heard.

Citation
AUGUSTINE BANZI SCANNED
Parties
Applicant: Augustine John Banzi; 1st Respondent: National Housing Cooperation; 2nd Respondent: The Honourable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2006
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Mareva Injunction
Outcome
Application dismissed
Legal Topics
Mareva Injunction, Eviction, Natural Justice, Interim Relief
Source Language
English
Land Law Civil Procedure Mareva Injunction Eviction Natural Justice Interim Relief

Case Brief

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Parties

Augustine John Banzi

Applicant

National Housing Cooperation

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Mareva Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a mareva injunction restraining the 1st respondent from reallocating the suit premises pending expiry of statutory notice and intended suit
  2. 2 Whether the application is overtaken by events due to allocation of the premises to a third party
  3. 3 Whether granting the injunction would violate the right to be heard of the new tenant

Ratio Decidendi

The application for a mareva injunction is dismissed because the suit premises have already been allocated to a third party who is not a party to the proceedings, making the application overtaken by events and raising issues of natural justice as the new tenant has not been heard.

Court Disposition

Application dismissed

Orders

  • No order as to costs