Conditions for granting mareva injuction in Tanzania

In Tanzania’s bustling city of Dar es Salaam, “Sunrise Enterprises,” a struggling family business, faced bankruptcy due to a legal battle with former partner Mr. Thompson.

Seeking protection, they explored the powerful remedy of a Mareva injunction, requiring a strong case, proof of asset risk, and an undertaking to compensate if wrongly granted. 

As the court date neared, hope and anxiety filled their hearts, knowing the fate of their livelihood rested on the conditions for obtaining a Mareva injunction.

Here are conditions for granting Mareva injunction in Tanzania, as elaborate in the case below,

LEOPARD NET LOGISTICS COMPANY LIMITED VS TANZANIA COMMERCIAL BANK LIMITED & 4 OTHERS, MISC CIVIL APPLICATION NO. 585 OF 2021

“…..mareva injunction cannot be applied or granted pending a suit. It is an  application pending obtaining a legal standing to institute a suit. 

It may be  issued where, the applicant cannot institute a law suit because of an existing legal impediment. 

Since the instant application is applied pending the expiry of 

the 90 days’ notice to sue the Government which impends the institution of a  suit by the applicant, there is no doubt that the application falls within the realm  of mareva injunction and can be issued if the conditions for grant of injunction are demonstrated.”

From that case show main condition fir grating mareva injunction is no pending suit in the court, and where there is pending suit in the court remedy will be temporary injuction.