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Tanzania decisions
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There was no evidence that appellants refused to allow the children to return to the house as per the tribunal order; lower courts misinterpreted the order as requiring eviction rather than return of children. Conviction and sentence were not supported by evidence and must be set aside.
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The trial court's order committing the applicant to prison was unlawful as it was made without following mandatory procedures under the Civil Procedure Code, without an application by a party, without affording the applicant the right to be heard, and without clarifying the nature of imprisonment, resulting in a violation of natural justice and jurisdictional error.
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Wrong citation of law in the present application is not fatal or incurable as it does not affect the root of the application; substantial justice prevails over technicalities, and the application is properly before the court under Section 95 of the Civil Procedure Code.
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The applicant failed to prove beyond reasonable doubt that the respondent willfully disobeyed the court's prohibitory order; civil contempt must be established to the criminal standard of proof.
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Filing a notice of appeal suspends the limitation period and removes the High Court's jurisdiction over the subject matter; the suit was not time barred and was filed prematurely while the notice of appeal was still intact.
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The Respondent's Managing Director willfully disobeyed a valid court order of temporary injunction, which was pending determination of the main suit and not limited to six months. The Respondent should have challenged or sought review of the order rather than proceed with demolition. Contempt is established and punishment is warranted.
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The High Court held the TANROADS CEO in contempt for defying an interim injunction, fined him TZS 1,000,000, and declined to attach TANROADS’ property.
The High Court found the respondent in contempt for willfully breaching status quo orders by constructing a wall and shops on disputed premises.
The trial court's proceedings, conviction, and sentences were irregular and illegal due to absence of a formal complaint, charge, plea, and imposition of penalties not authorized by law; thus, the proceedings and convictions were quashed and sentences set aside.
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The Court of Appeal dismissed a contempt application, holding that TANESCO’s payment occurred before the stay order was issued and could not found contempt.
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