MISC LAND CASE 27254 scnd 18

MISC LAND CASE 27254 scnd 18

The applicant fulfilled the conditions for a Mareva injunction by showing intention to sue the government, taking steps by serving the 90 days' notice, and demonstrating an interest in the properties that requires protection pending further proceedings. The court found it just and equitable to grant the injunction.

Citation
MISC LAND CASE 27254 scnd 18
Parties
Applicant: Farid Salim Mbarak Nahdi; 1st Respondent: Rena Callist Nyamwelo; 2nd Respondent: Mathew Silvery Nyamsha; 3rd Respondent: Kigamboni Municipal Council; 4th Respondent: Commissioner for Lands; 5th Respondent: Registrar of Titles; 6th Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Injunction
Outcome
Application allowed
Legal Topics
Injunctions, Mareva Injunction, Land Ownership, Notice of Intention to Sue Government
Source Language
English
Land Law Civil Procedure Injunctions Mareva Injunction Land Ownership Notice of Intention to Sue Government

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Parties

Farid Salim Mbarak Nahdi

Applicant

Rena Callist Nyamwelo

1st Respondent

Mathew Silvery Nyamsha

2nd Respondent

Kigamboni Municipal Council

3rd Respondent

Commissioner for Lands

4th Respondent

Registrar of Titles

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of a Mareva injunction
  2. 2 Whether the applicant has shown intention to sue the government and taken steps towards it
  3. 3 Whether it is just and equitable to grant the injunction

Ratio Decidendi

The applicant fulfilled the conditions for a Mareva injunction by showing intention to sue the government, taking steps by serving the 90 days' notice, and demonstrating an interest in the properties that requires protection pending further proceedings. The court found it just and equitable to grant the injunction.

Court Disposition

Application allowed

Orders

  • Injunction granted restraining respondents and their agents from transferring, rectifying, or disposing of the suit properties pending expiry of the 90 days' notice of intention to sue the government.
  • No order as to costs.