yamat scanned

yamat scanned

Applicant established a prima facie case, likelihood of irreparable loss, and balance of convenience in his favour; thus, mareva injunction is warranted pending expiry of statutory notice to sue the government.

Citation
yamat scanned
Parties
Applicant: Yamat Nini Laizer; 1st Respondent: Loiborsiret Village Council; 2nd Respondent: Simanjiro District Council; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 April 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Mareva Injunction Pending Expiry of Statutory Notice
Outcome
Application granted
Legal Topics
Mareva Injunction, Temporary Injunction, Customary Right of Occupancy, Statutory Notice to Sue Government
Source Language
English
Civil Procedure Land Law Mareva Injunction Temporary Injunction Customary Right of Occupancy Statutory Notice to Sue Government

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yamat Nini Laizer

Applicant

Loiborsiret Village Council

1st Respondent

Simanjiro District Council

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Mareva Injunction Pending Expiry of Statutory Notice

Legal Issues

  1. 1 Whether the applicant has established grounds for grant of mareva injunction pending expiry of statutory notice to sue the government

Ratio Decidendi

Applicant established a prima facie case, likelihood of irreparable loss, and balance of convenience in his favour; thus, mareva injunction is warranted pending expiry of statutory notice to sue the government.

Court Disposition

Application granted

Orders

  • Mareva injunction granted restraining respondents from dealing with the suit land pending expiry of 90 days' statutory notice to sue the government.
  • Each party to bear its own costs.