Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court at Bukoba found a prima facie breach of an injunction and ordered the respondents to appear, with possible arrest, detention, and attachment measures.
The High Court dismissed an application to set aside lapsed injunction orders, holding it was filed out of time and cited the wrong enabling provision.
The High Court held that Engusero Sidani’s village land use plan existed but was made without required village council involvement, so it was not enforceable.
The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.
Source excerpt
The High Court entered a consent judgment adopting a settlement between the parties and marking the land suit settled, with each side bearing its own costs.
The application is constructively res judicata due to non-joinder of Kuringe Real Estate Company, the necessary party, and because the subject matter and parties are substantially the same as in the previous suit which was dismissed for want of prosecution. Dismissal for want of prosecution bars subsequent proceedings on the same cause of action and subject matter. The preliminary objections are upheld and the application is dismissed with costs.
Source excerpt
The present suit is barred by constructive res judicata as the subject matter and parties are substantially the same as in Land Case No. 16 of 2021, which was determined to finality by a consent judgment. The addition of new parties is due to statutory requirements and does not alter the core dispute. The court is barred from entertaining the suit as it constitutes an abuse of process.
Source excerpt
The prayers in the application are interrelated and not incompetent for being omnibus. The affidavit is defective only in part; paragraph 9 is struck out, but remaining paragraphs suffice. Applicants failed to establish a triable issue against the 2nd Respondent, failed to prove irreparable loss, and failed to show balance of convenience favored them. All three conditions for injunction were not met; application dismissed.
Source excerpt
The High Court struck out an application for maintenance of status quo, holding it was incompetent because the applicant intended to file the main suit in the District Land and Housing Tribunal.
The Plaintiff's claims are closely tied to execution of a decree and should be resolved within execution proceedings before the executing court. The High Court lacks jurisdiction to entertain a separate suit on these matters. The orders sought are not available in this context.
Source excerpt
Explore more
