20160620 TZHC Dar es Salaam

20160620 TZHC Dar es Salaam

The court held that it was not properly moved because the relief sought (Mareva injunction) is not provided for under the Civil Procedure Code, and the cited provisions do not empower the court to grant such relief in the circumstances of this case.

Citation
20160620 TZHC Dar es Salaam
Parties
Applicant: Salima Said Ndeukenga; 1st Respondent: Tanzania Road Agency; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 June 2016
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Mareva Injunction, Wrong Citation of Law, Preliminary Objection, Inherent Powers of the Court
Source Language
English
Civil Procedure Land Law Mareva Injunction Wrong Citation of Law Preliminary Objection Inherent Powers of the Court

Case Brief

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Parties

Salima Said Ndeukenga

Applicant

Tanzania Road Agency

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for Mareva injunction was properly before the court given the cited legal provisions
  2. 2 Whether the court has jurisdiction to grant a Mareva injunction under the Civil Procedure Code

Ratio Decidendi

The court held that it was not properly moved because the relief sought (Mareva injunction) is not provided for under the Civil Procedure Code, and the cited provisions do not empower the court to grant such relief in the circumstances of this case.

Court Disposition

Application dismissed

Orders

  • Application dismissed due to wrong citation of enabling provisions and lack of jurisdiction to grant Mareva injunction under the Civil Procedure Code.