Tanzania Case Law

MKINDI LYMO, MOHAMED YUSUF AHMED, CHACHA LEMBUKA MOLLEL, JOSEPH FABIAN SHIO, PHILIPINA ONESMO, FRANCIS SAVAYO MOLLEL, HUSSEIN MBWANA, FADHIL SHABAN MOLLEL, ALFRED C. SHIRIMA, PETER TEMU, DANIEL NOAH MOLLEL, MARY JOHN LYIMO, HALIMA JUMA MSHANA, COSMAS KASMIRI NJAU, MOSES O. MASSAWE, WILSON MICHAEL LAIZER, ABISAI ELIBARIKI KILEO, SIMON KIWALE, DANIEL ELIBARIKI GADIE, ALLY SEIF SWAI, BASHIR MUSA MFINANGA vs THE REGIONAL MANAGER TANROADS ARUSHA, THE ATTORNEY GENERAL

The High Court at Arusha refused a pre-suit injunction and declined to waive the statutory notice period in a dispute over road-reserve demolition along the Arusha–Minjingu Road.

• Pre-suit preservatory relief
• Temporary injunction
• Statutory notice under government proceedings act
• Misjoinder/non-joinder of parties
• Road reserve and compensation for demolition
• Temporary-injunction

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RULING OF AYOUB GERVAS SANGA VS YOHANES LAIN SANGA

Court

TANZLII

The High Court granted a temporary injunction over a disputed 84-acre land parcel in Mbeya, preserving the status quo pending the main land suit.

• Temporary injunction
• Status quo
• Irreparable loss
• Balance of convenience
• Triable issues
• Temporary-injunction

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SHEDRACK JEROBOAM MINJA VS CHRISTINA JEROBOAM MINJA

Court

TANZLII

The applicant failed to meet the conditions for granting a temporary injunction as established in Atilio v. Mbowe; there is no pending suit between the parties, alleged loss is reparable, and any dispute over the estate property should be resolved in a separate land matter, not through temporary injunction.

Source excerpt

• Temporary injunction
• Estate administration
• Land dispute
• Procedural defects

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otto mark mosha and another vs peter alfred mpine and another 2024 tzhc 69 30 january 2024

Court

TZHC

An appellate court cannot grant a temporary injunction to restrain execution of a decree; the proper remedy is an application for stay of execution. The application for temporary injunction is misconceived and must be dismissed.

Source excerpt

• Temporary injunctions
• Stay of execution
• Execution of decrees
• Appellate jurisdiction

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target borewells limited vs shaban cosla and 2 others 2023 tzhc 16749 13 march 2023

Court

TZHC

The High Court dismissed an application to vary a temporary injunction and release attached trucks to the applicant, finding it would pre-empt the ownership suit.

• Variation of injunction
• Attachment and execution
• Ownership dispute
• Security for performance
• Objection proceedings
• Injunctions

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KERA KOMEYO MAREVA INJUNCTION FINAL

Court

TANZLII

Applicants failed to establish a strong prima facie case for ownership as land was acquired for public use and compensation process is ongoing. Granting Mareva injunction would be unjust and against public interest, as respondents would suffer greater inconvenience and loss due to airport expansion.

Source excerpt

• Mareva injunction
• Temporary injunction
• Land acquisition
• Compensation
• Balance of convenience

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attorney genaral zanzibar vs jaku hashim ayoub another 2018 tzca 585 13 december 2018

Court

TZCA

The application was struck out because the applicant failed to comply with the mandatory requirement to provide security for due performance of the decree as stipulated under Rule 11(5)(c) of the Tanzania Court of Appeal Rules, 2009 as amended.

Source excerpt

• Stay of execution
• Security for costs
• Appeal procedure

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attorney general zanzibar vs jaku hashim ayoub another 2018 tzca 335 11 december 2018

Court

TZCA

The application was struck out because the applicant failed to comply with the mandatory requirement to provide security for due performance of the decree as stipulated under Rule 11(5)(c) of the Tanzania Court of Appeal Rules, 2009 as amended.

Source excerpt

• Stay of execution
• Security for costs
• Mandatory injunction
• Permanent injunction

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northern hunting enterprises t ltd vs kibo guides another 2004 tzhccomd 66 16 july 2004

Court

TZHCCOMD

The High Court granted ex parte injunctive relief protecting exclusive hunting blocks and ordering removal of respondents’ camps pending determination of the suit.

• Mandatory injunction
• Temporary injunction
• Exclusive rights under contract
• Service of process
• Tourism and hunting rights
• Mandatory-injunction

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milo constraction coltd vs nbs ltd 2004 tzhccomd 44 27 january 2004

Court

TZHCCOMD

The High Court refused a temporary injunction over a receiver appointment, holding the debenture read as a whole empowered the bank to appoint a receiver and manager.

• Debenture interpretation
• Appointment of receiver
• Temporary injunction
• Contract enforcement
• Temporary-injunction
• Debenture-interpretation

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