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Tanzania decisions
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The High Court lacks jurisdiction to appoint a receiver when the underlying suit is stayed and subject to an appeal; such jurisdiction vests in the appellate court.
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The application is incompetent for being preferred under non-existing and inapplicable provision of law; the defect cannot be cured by the principle of overriding objective.
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The High Court struck out a land application for appointment of a receiver, holding it was incompetent because a notice of appeal on the same subject matter was pending.
The applicant satisfied the statutory requirements for appointment as receiver, demonstrated risk of waste and intermeddling, and is a fit and proper person to preserve the estate pending appointment of an administrator.
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The High Court appointed Salome Daudi Were as receiver of specified estate assets for six months pending appointment of an administrator, to prevent waste.
The High Court refused Amana Bank’s bid to appoint itself receiver of mortgaged premises pending suit, finding the relief would prejudge the main case.
The High Court struck out an execution application for appointment of a receiver because the property to be managed was not properly identified.
The High Court refused to appoint a receiver over disputed rented property, holding the applicants had not shown imminent risk to the property or ineffective legal remedies.
The High Court declined an oral request to appoint a receiver for executing a decree, holding that a court broker was the proper التنفيذ mechanism.
The Court of Appeal quashed an ex parte High Court order appointing receivers, holding the respondents were condemned unheard and the process was irregular.
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