leopard net logistics company limited vs tanzania commercial bank limited 3 others 2021 tzhc 9043 28 december 2021
The applicant failed to demonstrate a triable issue against the 1st respondent, failed to substantiate irreparable loss, and did not establish that the balance of convenience favored granting the injunction. All three mandatory criteria for a mareva/interim injunction were not met; thus, the application was dismissed.
- Citation
- leopard net logistics company limited vs tanzania commercial bank limited 3 others 2021 tzhc 9043 28 december 2021
- Parties
- Applicant: Leopard Net Logistics Company Limited; 1st Respondent: Tanzania Commercial Bank Limited; 2nd Respondent: Chief Executive, Tanzania Forest Service Agency; 3rd Respondent: Afrimax Enterprises Limited; 4th Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 December 2021
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Mareva Injunction
- Outcome
- Application dismissed with costs
- Legal Topics
- Mareva Injunction, Interim Injunctions, Loan Default, Mortgage Enforcement, Notice to Sue Government
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leopard Net Logistics Company Limited
Applicant
Tanzania Commercial Bank Limited
1st Respondent
Chief Executive, Tanzania Forest Service Agency
2nd Respondent
Afrimax Enterprises Limited
3rd Respondent
Attorney General
4th Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Mareva Injunction
Legal Issues
- 1 Whether the applicant is entitled to a mareva injunction restraining the sale of mortgaged property pending expiry of notice to sue the government
- 2 Whether the applicant demonstrated the conditions for grant of a mareva/interim injunction
Ratio Decidendi
The applicant failed to demonstrate a triable issue against the 1st respondent, failed to substantiate irreparable loss, and did not establish that the balance of convenience favored granting the injunction. All three mandatory criteria for a mareva/interim injunction were not met; thus, the application was dismissed.
Court Disposition
Application dismissed with costs
Full Case Text
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