RULING REMIGIUS

RULING REMIGIUS

Existence of a genuine dispute over ownership of substantial funds between applicant and 1st respondent, risk of irreparable loss and disposition of subject matter, and satisfaction of legal requirements for interim injunction warrant grant of restraining orders pending expiry of statutory notice.

Citation
RULING REMIGIUS
Parties
Applicant: Remigius Patrick Nshange; 1st Respondent: Joyce Sweetbert Kanoti; 2nd Respondent: Tanzania Commercial Bank PLC; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 January 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Interim Injunction
Outcome
Application granted
Legal Topics
Interim Injunction, Mareva Injunction, Ownership of Funds, Statutory Notice, Matrimonial Property, Bank Account Dispute
Source Language
English
Civil Procedure Family Law Banking Law Interim Injunction Mareva Injunction Ownership of Funds Statutory Notice Matrimonial Property +1 more

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Parties

Remigius Patrick Nshange

Applicant

Joyce Sweetbert Kanoti

1st Respondent

Tanzania Commercial Bank PLC

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the applicant has established grounds for grant of interim injunctive orders restraining withdrawal or disposition of funds pending expiry of statutory notice
  2. 2 Whether there is a triable issue regarding ownership of TZS 3,000,000,000/= and accrued interest in the disputed bank accounts

Ratio Decidendi

Existence of a genuine dispute over ownership of substantial funds between applicant and 1st respondent, risk of irreparable loss and disposition of subject matter, and satisfaction of legal requirements for interim injunction warrant grant of restraining orders pending expiry of statutory notice.

Court Disposition

Application granted

Orders

  • Injunctive orders restraining 1st respondent and her agents from withdrawing any sums from Fixed Bank Account No. 231030000127 at Tanzania Commercial Bank PLC pending expiration of ninety (90) days’ notice.
  • 2nd respondent to withhold TZS 3,000,000,000/= and accrued interest of 12.7% in Fixed Deposit Bank Account No. 231030000127 pending expiration of ninety (90) days’ notice.