dayness philemon mbaga versus the attorney general 2 others 2022 tzhclandd 15729 17 october 2022

dayness philemon mbaga versus the attorney general 2 others 2022 tzhclandd 15729 17 october 2022

The court held that the applicant satisfied the conditions for a Mareva Injunction by showing intention to institute a suit and taking steps to do so, and that it was justifiable and convenient to grant the injunction pending the expiry of the statutory notice period.

Citation
dayness philemon mbaga versus the attorney general 2 others 2022 tzhclandd 15729 17 october 2022
Parties
Applicant: Dayness Philemon Mbaga; 1st Respondent: The Attorney General; 2nd Respondent: The Board of Trustees of National Social Security Fund; 3rd Respondent: Proper Consult(T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Mareva Injunction
Outcome
Application allowed
Legal Topics
Mareva Injunction, Interlocutory Relief, Lease Dispute, Eviction, Statutory Notice
Source Language
English
Civil Procedure Land Law Mareva Injunction Interlocutory Relief Lease Dispute Eviction Statutory Notice

Case Brief

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Parties

Dayness Philemon Mbaga

Applicant

The Attorney General

1st Respondent

The Board of Trustees of National Social Security Fund

2nd Respondent

Proper Consult(T) Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Mareva Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a Mareva Injunction restraining eviction pending the intended suit

Ratio Decidendi

The court held that the applicant satisfied the conditions for a Mareva Injunction by showing intention to institute a suit and taking steps to do so, and that it was justifiable and convenient to grant the injunction pending the expiry of the statutory notice period.

Court Disposition

Application allowed

Orders

  • Respondents restrained from evicting, demolishing, or interfering with the applicant's possession of the suit property pending expiry of the 90-day statutory notice to sue the government.
  • Applicant to institute the intended suit immediately after expiry of the 90-day notice and apply for injunction pending the suit.