gineke vs gineke 2006 tzhc 15 26 march 2006

gineke vs gineke 2006 tzhc 15 26 march 2006

Serious factual issues exist regarding marriage, children, and jointly acquired assets; risk of irreparable harm to applicant if assets are alienated before determination; affidavit evidence is sufficient; statutory provisions empower court to grant injunction and preservation orders.

Citation
gineke vs gineke 2006 tzhc 15 26 march 2006
Parties
Applicant: Elizabeth Gikene; Respondent: Unnamed Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 2006
Procedural Posture
Matrimonial Petition / Interlocutory Application for Temporary Injunction
Outcome
Temporary injunction granted; preservation order granted.
Legal Topics
Temporary Injunction, Preservation of Matrimonial Assets, Alienation of Property, Divorce, Custody, Maintenance, Division of Assets
Source Language
English
Family Law Civil Procedure Temporary Injunction Preservation of Matrimonial Assets Alienation of Property Divorce Custody Maintenance +1 more

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Parties

Elizabeth Gikene

Applicant

Unnamed Respondent

Respondent

Procedural Posture

Matrimonial Petition / Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether conditions for grant of temporary injunction exist to restrain alienation of matrimonial assets
  2. 2 Whether preservation and inspection of matrimonial properties is warranted

Ratio Decidendi

Serious factual issues exist regarding marriage, children, and jointly acquired assets; risk of irreparable harm to applicant if assets are alienated before determination; affidavit evidence is sufficient; statutory provisions empower court to grant injunction and preservation orders.

Court Disposition

Temporary injunction granted; preservation order granted.

Orders

  • Respondent restrained from alienating matrimonial properties until determination of suit.
  • Matrimonial properties and applicant's properties to be preserved until determination of suit.