penuel hild laizer vs tib development bank 3 others 2022 tzhclandd 602 30 june 2022

penuel hild laizer vs tib development bank 3 others 2022 tzhclandd 602 30 june 2022

Applicant demonstrated intention to sue and served statutory notice; facts not disputed; application meets legal requirements for Mareva injunction.

Citation
penuel hild laizer vs tib development bank 3 others 2022 tzhclandd 602 30 june 2022
Parties
Applicant: Penuel Hilda Laiser; 1st Respondent: TIB Development Bank; 2nd Respondent: The Attorney General; 3rd Respondent: Melva International Limited; 4th Respondent: FJS African Starch Development Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Injunction Application
Outcome
application allowed
Legal Topics
Injunction, Mareva Injunction, Statutory Notice to Sue Government
Source Language
English

Case Brief

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Parties

Penuel Hilda Laiser

Applicant

TIB Development Bank

1st Respondent

The Attorney General

2nd Respondent

Melva International Limited

3rd Respondent

FJS African Starch Development Company Limited

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Injunction Application

  1. 1 Whether the applicant is entitled to an injunction restraining disposal of property pending expiry of statutory notice to sue the government

Ratio Decidendi

Applicant demonstrated intention to sue and served statutory notice; facts not disputed; application meets legal requirements for Mareva injunction.

Court Disposition

application allowed

Orders

  • injunction granted restraining disposal of applicant's property pending expiry of statutory notice
  • no order as to costs