Some of the foreign clients are willing to know how they have a chance for pre-emptive strike to the potential opposite party on the disputed properties in Myanmar.
The solution of their query is as below,
Exparte Temporary Injunction
Temporary injunction is an order of the court to perform a specified act or to refrain from performing the specified act. In granting the temporary injunction, the court shall grant the temporary injunction by giving notice of the application to the opposite party.
However, where the circumstance appears that any property in dispute would be in danger of being wasted, destroyed and alienated by the opposite party, the court shall grant ex parte order of temporary injunction without giving notice of the application to the opposite party immediately at the very initial stage of the case. It is provided in related laws in detail.
There has been Myanmar case law where ex parte order of temporary injunction was not granted in the condition that the applicant does not prescribe exactly the aforesaid circumstance to grant the ex parte order of temporary injunction in the application.
It means that if the applicant prescribes the necessary information in the application, the court will grant it.
If there is of entitlement to spread that kind of info, we would like to furnish the details info of which situations the court will be able to grant the ex parte order of temporary injunction without giving notice to the opposite party at the very initial stage of the case.