Tanzania Case Law

GOLD AFRICA LIMITED VS MINING COMMISSIONOTHERS

Court

TANZLII

The applicant lacked locus standi to seek interim orders regarding assets owned by Reef Gold Limited, a separate corporate entity. Jurisdictional issues such as locus standi can be determined without formal pleadings, and the parties were fully heard. Clerical and editorial errors in the ruling were immaterial and did not affect substantive rights. No new evidence or fraud was established to justify review. The application for review was incompetent and demerited.

Source excerpt

• Review
• Locus standi
• Interim orders
• Corporate personality
• Right to be heard
• Mareva injunction

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RULING SITUMAI MWAKYOSA final

Court

TANZLII

The applicant introduced new facts in the supplementary affidavit without leave of the court, contrary to the amendment order. The affidavit is incurably defective as the facts regarding eviction were within the applicant's knowledge at the time of the original affidavit but were omitted. Submissions from the bar cannot substitute for affidavit evidence. Without supporting evidence of eviction in the affidavit, the application for maintenance of status quo ante fails.

Source excerpt

• Interim orders
• Status quo ante
• Matrimonial property
• Affidavit procedure
• Mortgage without spousal consent

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GOLD AFRICA LIMITED VS MINING COMMISSIONOTHERS RULING

Court

TANZLII

Applicant, as shareholder, lacks locus standi to institute proceedings or seek interim orders regarding assets of Reef Gold Limited; only the company itself can enforce rights over its mining licences. Application for Mareva injunction and interim orders is incompetent and not maintainable.

Source excerpt

• Locus standi
• Corporate personality
• Derivative action
• Mareva injunction
• Interim orders

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HAGAI LALTAIKA SAFII

Court

TANZLII

The High Court dismissed a land application for an interim order, holding it was incompetent after the 90-day notice period had lapsed.

• Interim orders
• Res judicata
• Jurisdiction
• Notice of intention to sue
• Interim-orders
• Res-judicata

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Mohamed Hassan appeal Ruling

Court

TANZLII

The order appealed against was interlocutory and did not finally determine the rights of the parties; therefore, the appeal is incompetent and must be struck out.

Source excerpt

• Appealability of interlocutory orders
• Eviction
• Jurisdiction of high court
• Interim orders

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fatma mohamedadministratrix of the estate of the late mohamed khamis abdallah vs abdullatif mohamed hamis administrator of the estate of the late mohamed khamis abdall

Court

TZHC

The applicant failed to provide sufficient information to demonstrate imminent danger or risk of disposal of the estate property. The title deed remains in the names of the deceased and the applicant, and there is no immediate threat of the property being wasted or disposed of. Therefore, the application for an interim order to maintain the status quo is without merit and is dismissed.

Source excerpt

• Interim orders
• Status quo
• Estate administration
• Jurisdiction
• Stay of proceedings

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Misc

Court

TANZLII

The applicant demonstrated the existence of a serious triable issue regarding ownership and the right to be heard before deprivation of property. The court found that the balance of convenience favored the applicant, as rectification of the title could jeopardize its position without a hearing. The court held that the right to be heard and maintenance of the status quo pending the expiration of the statutory notice outweighed arguments about monetary compensation or ongoing investigations. The conditions for a Mareva injunction were met.

Source excerpt

• Mareva injunction
• Interim orders
• Status quo
• Rectification of title
• Right to be heard
• Breach of contract

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Miscellaneous Land Application 6194 of 2024 Ruling Mrisha J

Court

TANZLII

Applicants established urgency and public interest, justifying an interim order to stay execution pending inter partes hearing. The Attorney General's right of audience and the court's power to grant interlocutory orders were affirmed. The application was meritorious and granted.

Source excerpt

• Interim orders
• Execution proceedings
• Attachment of property
• Capacity to sue
• Public property

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mished chunilal kotak vs omary shabani 2023 tzhclandd 17010 5 october 2023

Court

TANZLII

The High Court found the respondent in contempt for issuing notices to tenants after a status quo order over land was made, and fined him Tshs. 300,000.

• Contempt of court
• Maintenance of status quo
• Land possession
• Interim orders
• Contempt-of-court
• Status-quo-order

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vigu trading company limited vs bank of africa tanzania limited 2 others 2022 tzhc 15474 23 december 2022

Court

TZHC

The High Court granted an interim status quo order restraining the respondents from impounding or selling the applicant’s trucks and trailers pending the application.

• Interim orders
• Status quo
• Injunctions
• Credit facilities
• Asset seizure
• Status-quo-order

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