sarila sengo versus the attorney general and three others 2023 tzhclandd 16603 28 june 2023

sarila sengo versus the attorney general and three others 2023 tzhclandd 16603 28 june 2023

The applicant fulfilled the conditions for a Mareva injunction by serving a 90 days' notice of intention to sue the government and demonstrating justification and steps taken. It is justifiable and convenient to grant the injunction to prevent disposal of the property pending suit.

Citation
sarila sengo versus the attorney general and three others 2023 tzhclandd 16603 28 june 2023
Parties
Applicant: Sarila Sengo; 1st Respondent: The Attorney General; 2nd Respondent: Tanzania Commercial Bank Limited; 3rd Respondent: Christopher Benard Kaswalala; 4th Respondent: City Group Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 June 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Injunction
Outcome
Application allowed
Legal Topics
Mareva Injunction, Temporary Injunction, Matrimonial Property, Notice of Intention to Sue Government
Source Language
English
Civil Procedure Land Law Mareva Injunction Temporary Injunction Matrimonial Property Notice of Intention to Sue Government

Case Brief

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Parties

Sarila Sengo

Applicant

The Attorney General

1st Respondent

Tanzania Commercial Bank Limited

2nd Respondent

Christopher Benard Kaswalala

3rd Respondent

City Group Tanzania Limited

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a Mareva injunction restraining the respondents from disposing of the matrimonial property pending suit

Ratio Decidendi

The applicant fulfilled the conditions for a Mareva injunction by serving a 90 days' notice of intention to sue the government and demonstrating justification and steps taken. It is justifiable and convenient to grant the injunction to prevent disposal of the property pending suit.

Court Disposition

Application allowed

Orders

  • Respondents and any person acting under their instructions are restrained from disposing of the property at Malamba Mawili area, Msigani Ward, Ubungo Municipality, Dar es Salaam, in any manner.
  • No order as to costs.