GREY PILI safii

GREY PILI safii

Applicant met all conditions for grant of Mareva injunction: existence of serious triable issue regarding ownership, risk of irreparable loss, and balance of convenience favors applicant; injunction granted pending expiration of statutory notice and filing of main suit.

Citation
GREY PILI safii
Parties
Applicant: James Grey Pilly; 1st Respondent: Abdallah Mashaka Mwinyimvua; 2nd Respondent: Ubungo Municipal Council; 3rd Respondent: Commissioner for Lands; 4th Respondent: Registrar of Titles; 5th Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 October 2011
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Mareva Injunction
Outcome
Application granted
Legal Topics
Mareva Injunction, Ownership Dispute, Statutory Notice, Interim Relief
Source Language
English
Land Law Civil Procedure Mareva Injunction Ownership Dispute Statutory Notice Interim Relief

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Parties

James Grey Pilly

Applicant

Abdallah Mashaka Mwinyimvua

1st Respondent

Ubungo Municipal Council

2nd Respondent

Commissioner for Lands

3rd Respondent

Registrar of Titles

4th Respondent

Attorney General

5th 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 respondents from dealing with the disputed land pending expiration of statutory notice
  2. 2 Whether the applicant has met the conditions for grant of temporary injunction

Ratio Decidendi

Applicant met all conditions for grant of Mareva injunction: existence of serious triable issue regarding ownership, risk of irreparable loss, and balance of convenience favors applicant; injunction granted pending expiration of statutory notice and filing of main suit.

Court Disposition

Application granted

Orders

  • Mareva injunction issued restraining respondents from selling, disposing, interfering, engaging, or conveyancing the landed property registered with Certificate of Title NO: DSMT1060974, Plot No. P48733, pending expiration of ninety (90) days statutory notice and filing of main suit.
  • Costs to follow event.