charles werongo another versus crdb bank plc 6 others 2023 tzhclandd 16999 29 september 2023

charles werongo another versus crdb bank plc 6 others 2023 tzhclandd 16999 29 september 2023

Applicants have shown intention to sue and taken steps; it is justifiable to grant Mareva injunction to protect their interests pending expiry of statutory notice to sue the government.

Citation
charles werongo another versus crdb bank plc 6 others 2023 tzhclandd 16999 29 september 2023
Parties
Applicant: Charles Werongo; Applicant: Mabibo Construction Company Limited; Respondent: CRDB Bank PLC; Respondent: Afrimax Enterprises; Respondent: Mr. Salum Abdallah Muhene; Respondent: Ms. Janet Amede Massawe; Respondent: Registrar of Titles; Respondent: Commissioner for Lands; Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunction Pending Expiry of Statutory Notice
Outcome
Application allowed
Legal Topics
Mareva Injunction, Statutory Notice to Sue Government, Eviction, Possession of Property
Source Language
English
Land Law Civil Procedure Mareva Injunction Statutory Notice to Sue Government Eviction Possession of Property

Case Brief

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Parties

Charles Werongo

Applicant

Mabibo Construction Company Limited

Applicant

CRDB Bank PLC

Respondent

Afrimax Enterprises

Respondent

Mr. Salum Abdallah Muhene

Respondent

Ms. Janet Amede Massawe

Respondent

Registrar of Titles

Respondent

Commissioner for Lands

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Injunction Pending Expiry of Statutory Notice

Legal Issues

  1. 1 Whether the applicants are entitled to a Mareva injunction pending expiry of 90 days' statutory notice to sue the government

Ratio Decidendi

Applicants have shown intention to sue and taken steps; it is justifiable to grant Mareva injunction to protect their interests pending expiry of statutory notice to sue the government.

Court Disposition

Application allowed

Orders

  • Mareva injunction granted restraining eviction or interference with applicants' possession pending expiry of statutory notice to sue the government
  • No order as to costs