henry a kamara versus goodluck samwel petro 3 others 2023 tzhclandd 16641 31 may 2023

henry a kamara versus goodluck samwel petro 3 others 2023 tzhclandd 16641 31 may 2023

The applicant satisfied the requirements for a Mareva injunction by showing intention to sue the government, giving statutory notice, and establishing a triable issue. It is just and equitable to restrain the respondents from disposing of the property pending suit.

Citation
henry a kamara versus goodluck samwel petro 3 others 2023 tzhclandd 16641 31 may 2023
Parties
Applicant: Henry A Kamara; 1st Respondent: Goodluck Samwel Petro; 2nd Respondent: Tanzania Commercial Bank; 3rd Respondent: The Attorney General; 4th Respondent: The Solicitor General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction
Outcome
Application allowed
Legal Topics
Mareva Injunction, Temporary Injunction, Maintenance of Status Quo, Guarantor Liability
Source Language
English
Civil Procedure Land Law Mareva Injunction Temporary Injunction Maintenance of Status Quo Guarantor Liability

Case Brief

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Parties

Henry A Kamara

Applicant

Goodluck Samwel Petro

1st Respondent

Tanzania Commercial Bank

2nd Respondent

The Attorney General

3rd Respondent

The Solicitor General

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from disposing of the mortgaged property pending the institution of the suit

Ratio Decidendi

The applicant satisfied the requirements for a Mareva injunction by showing intention to sue the government, giving statutory notice, and establishing a triable issue. It is just and equitable to restrain the respondents from disposing of the property pending suit.

Court Disposition

Application allowed

Orders

  • Respondents and any person acting under their instructions are restrained from disposing by any means the mortgaged property at Plot number 458, Block A Yombo Vituka, Temeke District, Dar es Salaam Region, pending institution of the suit after expiry of statutory notice of 90 days.