elizabeth gikene vs john zacharia gikene 2006 tzhc 50 28 march 2006

elizabeth gikene vs john zacharia gikene 2006 tzhc 50 28 march 2006

The applicant satisfied the conditions for grant of a temporary injunction by raising serious issues for trial and demonstrating risk of irreparable harm if the matrimonial properties are alienated before determination of the suit. The law does not require tangible proof beyond affidavit evidence in such interlocutory applications.

Citation
elizabeth gikene vs john zacharia gikene 2006 tzhc 50 28 march 2006
Parties
Applicant: Elizabeth Gikene; Respondent: John Zacharia Gikene
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2006
Procedural Posture
Matrimonial Cause / Interlocutory Application for Temporary Injunction and Preservation Order Pending Determination of Main Suit
Outcome
Application granted
Legal Topics
Temporary Injunction, Preservation of Property, Matrimonial Assets, Divorce Proceedings
Source Language
English
Family Law Civil Procedure Temporary Injunction Preservation of Property Matrimonial Assets Divorce Proceedings

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Parties

Elizabeth Gikene

Applicant

John Zacharia Gikene

Respondent

Procedural Posture

Matrimonial Cause / Interlocutory Application for Temporary Injunction and Preservation Order Pending Determination of Main Suit

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from alienating matrimonial assets pending determination of the suit
  2. 2 Whether the applicant is entitled to an order for preservation and inspection of matrimonial properties

Ratio Decidendi

The applicant satisfied the conditions for grant of a temporary injunction by raising serious issues for trial and demonstrating risk of irreparable harm if the matrimonial properties are alienated before determination of the suit. The law does not require tangible proof beyond affidavit evidence in such interlocutory applications.

Court Disposition

Application granted

Orders

  • Temporary injunction restraining the respondent from alienating matrimonial properties granted
  • Order for preservation of matrimonial properties and those belonging to the applicant until determination of the suit granted