leonilah kishebuka vs dustan novat rutageruka and 2 others 2022 tzhc 10930 1 july 2022

leonilah kishebuka vs dustan novat rutageruka and 2 others 2022 tzhc 10930 1 july 2022

Application for mareva injunction is meritorious as applicant faces irreparable loss pending expiry of statutory notice; respondents will not be prejudiced; court has jurisdiction to grant remedy prior to suit.

Citation
leonilah kishebuka vs dustan novat rutageruka and 2 others 2022 tzhc 10930 1 july 2022
Parties
Applicant: Leonilah Kishebuka; 1st Respondent: Dunstan Novat Rutageruka; 2nd Respondent: Bukoba Municipal Council; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 July 2022
Procedural Posture
Land Application / Ruling on Interim Injunction (mareva)
Outcome
Application granted
Legal Topics
Mareva Injunction, Interim Relief, Building Permit Compliance, Notice to Sue Government
Source Language
English
Civil Procedure Land Law Mareva Injunction Interim Relief Building Permit Compliance Notice to Sue Government

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Parties

Leonilah Kishebuka

Applicant

Dunstan Novat Rutageruka

1st Respondent

Bukoba Municipal Council

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Land Application / Ruling on Interim Injunction (mareva)

Legal Issues

  1. 1 Whether a mareva injunction can be issued prior to institution of suit pending expiry of statutory notice to sue government
  2. 2 Whether applicant will suffer irreparable loss if injunction is not granted
  3. 3 Whether respondents will be prejudiced by grant of injunction

Ratio Decidendi

Application for mareva injunction is meritorious as applicant faces irreparable loss pending expiry of statutory notice; respondents will not be prejudiced; court has jurisdiction to grant remedy prior to suit.

Court Disposition

Application granted

Orders

  • 1st and 2nd respondents restrained from demolishing house built on Plot 163 'X' Miembeni Ward within Bukoba Municipality pending institution of suit after expiry of 90 days demand notice issued on 06/05/2022
  • Interim injunction does not cover period after filing main suit until determination