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Tanzania decisions
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The High Court granted a temporary injunction restraining construction on disputed land in Dar es Salaam pending determination of the main land suit.
The High Court granted a preservation order and maintenance of status quo over disputed land, holding the Registrar of Titles was not a necessary party.
The applicant failed to state facts in the affidavit establishing a triable issue or irreparable loss. The conditions for granting a temporary injunction as set out in Atilio vs. Mbowe were not met.
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The applicant failed to establish a serious question to be tried or a prima facie case against the respondents, as the land in question is occupied by a public school constructed by Bukoba Municipal Council, not the respondents personally. Therefore, the first condition for granting a temporary injunction was not met, and the application was dismissed.
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The court held that the applicant satisfied the conditions for a Mareva Injunction by showing intention to institute a suit and taking steps to do so, and that it was justifiable and convenient to grant the injunction pending the expiry of the statutory notice period.
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The High Court granted a temporary injunction preserving Plot No. 762 Block A, Kijitonyama, pending determination of the main land suit.
High Court Land Division case on a temporary injunction over disputed land. The court found a prima facie case and irreparable injury, but dismissed the application on balance of convenience.
The High Court’s Land Division granted a temporary injunction restraining the respondents from entering, demolishing, or removing materials from the applicant’s plots pending the main suit.
The applicants failed to satisfy the second and third criteria for grant of a temporary injunction. There was no sufficient evidence of irreparable loss that could not be compensated by monetary damages, as the respondent companies are Tanzanian entities with ongoing business and assets. The applicants also failed to show that the balance of convenience favoured them, as there was no proof that the respondents intended to dispose of the property in a manner that would frustrate any future award. Therefore, the application for a temporary injunction was dismissed for lack of merit.
Source excerpt
The High Court dismissed an application for a mareva injunction, finding the applicant had not proved locus standi, irreparable loss, or balance of convenience.
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