Understanding the Mareva Injunction: A Comparative Analysis with Temporary Injunctions in Tanzania.

in this article you will learn what is mareva Injuction, application in Tanzania, Grounds for Mareva and temporay Injuction, Difference between the two and uts similarities as Tanzania legal system concern.

what is mareva injuction?

The Mareva injunction, also known as a freezing order, is a powerful legal remedy designed to prevent a defendant from dissipating or disposing of their assets during the course of litigation. 

This article delves into the meaning of the Mareva injunction, citing the landmark Mareva Compania Naviera SA v International Bulkcarriers SA case.

We will then explore its applicability in Tanzania and distinguish it from temporary injunctions, supported by relevant case laws in the Tanzanian context.

Meaning of the Mareva Injunction: 

In the case of Mareva Compania Naviera SA v International Bulkcarriers SA (1980) 1 All E.R. 213, the English Court of Appeal established the Mareva injunction as a means to restrain defendants from dissipating assets with the intention of evading their liabilities. 

In this case, the plaintiff sought an injunction to prevent the defendant from removing their assets from the jurisdiction to avoid meeting their contractual obligations.

Applicability in Tanzania

The Mareva injunction’s principles have been adopted in various jurisdictions, including Tanzania. In Tanzanian mareva injunctio adopted with section 2(3) of Judicature and application of laws Act [Cap 358.Re.2019] which brings into Tanzania the common law, doctrines of equity and  statutes of general application in so far as the circumstances of Tanzania its  inhabitants permit, and subject to such qualifications as circumstances may render necessary.

This supported in the case of SUPER SAMI LIMITED VS ADMINISTRATOR GENERAL AND 2 OTHERS MISCELLANEOUS CIVIL CAUSE NO. 02 OF 2022

Court held That;

“In our jurisdiction the application for Mareva Injunction is brought under  section 2(3) of the Judicature and Applications of Laws Act, [Cap 358 R.E 2019]and section 95 of the Civil Procedure Code,[ Cap 33 R.E 2019] and there  are a number of decisions which are delivered based on the applications  brought under the above provisions of law….”

Conditions for Mareva Injunction in Tanzania.

Mareva Injunction as other remedy which can not be issued without these condtions to be adhered:

🔴There must be no pending case but cause of Action Arose immediately and applicant has urgency to resolve matter before instituing a civil suit.

🔴Plaitiff will suffer irreparably loss if order not issued than defendant.

🔴Balance of probability.

Grounds fofr Temporary injuction in Tanzania

These are ground from the case mbowe’s Case.

🔴There must be a pending case in competent court of law.

🔴Plaitiff will suffer irreparably loss if order not issued than defendant.

🔴Balance of probability.

Difference between Mareva Injunction and Temporary Injunction

While both the Mareva injunction and temporary injunctions are forms of injunctive relief, they serve different purposes and are granted under distinct circumstances.

Purpose: The Mareva injunction is primarily aimed at preserving the defendant’s assets to prevent potential evasion of liabilities during the litigation process. On the other hand, a temporary injunction serves to restrain a party from taking certain actions that might cause harm or prejudice to the other party until the final determination of the case.

Nature of Relief: The Mareva injunction specifically targets assets and is often sought in cases involving financial matters, whereas temporary injunctions can cover a broader range of subjects, including contracts, property disputes, or personal conduct.

The law governing the remedies 

 Mareva injunction is governed by common laws and equity as per section 2(3) of Judicature and application of laws Act [ Cap 358. Re. 2019] and section 95 of CPC, while temporary injunction is governed by rule 1 and 2 of Order  XXXVII of Civil Procedure Code [Cap 33. Re. 2019]

Conclusion.

In The case of,

TRUSTEES OF  ANGLICAN CHURCH DIOCESE OF WESTERN TANGANYIKA VS BULIMANYI  VILLAGE COUNCIL and 2 OTHERS, MISCELLNEOUS CIVIL APPLICATION NO. 01 OF 2022. The court held that;

court has jurisdiction to issue a temporary order where there is no pending  suit under the provisions of section 2(3) of the Judicature and Application of  Laws Act and Section 95 of the Civil Procedure Code.”

This court emphasize as mareva injunction is applicable in Tanzania legal system.