Understanding the Essential Documents for Mareva Injunction Application in Tanzania.

Introduction:

The Mareva injunction, commonly known as a freezing order, is a powerful legal remedy used in Tanzania to preserve the assets of a defendant pending the resolution of a legal dispute. 

To successfully apply for a Mareva injunction, several crucial documents must be prepared and submitted to the court. In this article, we will delve into the key documents used in the application process and their significance.

Plaint:

The Plaint is the foundational document that initiates the legal action. It outlines the plaintiff’s claim, the facts of the case, and the relief sought, including the request for a Mareva injunction. The plaintiff must provide compelling evidence to demonstrate a prima facie case and the risk of the defendant disposing of their assets to frustrate any potential judgment.

Certificate of Urgency:

A Certificate of Urgency accompanies the Plaint and highlights the urgency of the matter. It explains why immediate court intervention is required, especially concerning the freezing of assets. This document is essential to expedite the application process, ensuring the court promptly addresses the matter.

Chamber Summons:

A Chamber Summons is a formal application made to the court seeking specific relief. In the context of applying for a Mareva injunction, the Chamber Summons sets out the legal basis for the request and refers to the evidence supporting the need for asset freezing. The applicant’s legal counsel presents this document to the court on behalf of the plaintiff.

Affidavit:

An Affidavit is a written statement of facts sworn under oath or affirmation by the applicant or another relevant party. In the context of a Mareva injunction application, the Affidavit provides detailed Facts of the defendant’s potential dissipation of assets. 

Application Process:

The process of applying for a Mareva injunction involves presenting these documents to the court. The applicant’s legal team must demonstrate a strong case showing the likelihood of success in the main claim and the potential risk of the defendant hiding, dissipating, or transferring assets to evade liabilities.

Conclusion:

Obtaining a Mareva injunction in Tanzania is a significant legal step to protect the plaintiff’s interests and ensure that justice is served. By understanding the importance of each document in the application process – Plaint, Certificate of Urgency, Chamber Summons, and Affidavit – applicants can better navigate the legal requirements and increase their chances of securing the desired asset freezing order.