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Tanzania Case Law

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Civil procedure shananga group ltd scanned

shananga group ltd scanned

The application was struck out as incompetent because the supporting affidavit was defective, having been sworn and verified by different individuals, contrary to mandatory procedural requirements.

  • Interlocutory injunction
  • Affidavit defects
  • Verification of affidavits
  • Costs discretion
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Civil procedure happiness simon ndeki versus international commercial bank t ltd 3 others 2023 tzhclandd 17222 26 october 2023

happiness simon ndeki versus international commercial bank t ltd 3 others 2023 tzhclandd 17222 26 october 2023

The applicant demonstrated the existence of a prima facie case, risk of irreparable loss, and that the balance of convenience favors her. The court found that denying the injunction would cause her greater hardship than the respondents, justifying the grant of the injunction.

  • Interlocutory injunction
  • Mortgage dispute
  • Matrimonial property
  • Irreparable harm
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Civil procedure adam samwel mirambo versus peter peterjunior 2023 tzhclandd 17081 19 october 2023

adam samwel mirambo versus peter peterjunior 2023 tzhclandd 17081 19 october 2023

The High Court granted an interlocutory injunction restraining dealings with disputed land in Bagamoyo pending determination of the main suit.

  • Interlocutory injunction
  • Land ownership dispute
  • Balance of convenience
  • Irreparable harm
  • Interlocutory-injunction
  • Land-ownership-dispute
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Land law soga village council and another versus mohamed enterprises tanzania limited 2023 tzhclandd 16607 28 june 2023

soga village council and another versus mohamed enterprises tanzania limited 2023 tzhclandd 16607 28 june 2023

Applicants established a prima facie case regarding ownership of the disputed lands, demonstrated risk of irreparable loss if injunction is denied, and balance of convenience favors applicants. Therefore, injunction is granted restraining respondent from trespassing pending determination of the main suit.

  • Interlocutory injunction
  • Land ownership dispute
  • Trespass
  • Equitable remedies
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Civil procedure zaoma limited another versus maendeleo bank t ltd 2023 tzhclandd 16532 18 may 2023

zaoma limited another versus maendeleo bank t ltd 2023 tzhclandd 16532 18 may 2023

The High Court granted an interlocutory injunction restraining the respondent from mortgaging or disposing of the applicants’ suit premises pending the main land case.

  • Interlocutory injunction
  • Mortgage
  • Restraint on disposal of property
  • Interlocutory-injunction
  • Land-law
  • Civil-procedure
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Land law jamila mahmood dagan vs the commissioner for lands ministry of land housing and human settlement development 4 others 2023 tzhclandd 16473 31 march 2023

jamila mahmood dagan vs the commissioner for lands ministry of land housing and human settlement development 4 others 2023 tzhclandd 16473 31 march 2023

The High Court granted an interlocutory injunction preserving the applicant’s land title and possession pending determination of the main suit over ownership.

  • Interlocutory injunction
  • Ownership dispute
  • Land register
  • Irreparable harm
  • Balance of convenience
  • Interlocutory-injunction
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Civil procedure walter c ngonyani vs letshego bank t limited 2 others 2022 tzhclandd 12479 24 october 2022

walter c ngonyani vs letshego bank t limited 2 others 2022 tzhclandd 12479 24 october 2022

Applicant met all conditions for interlocutory injunction as per Atilio vs. Mbowe; triable issues exist; balance of convenience favors applicant due to provision of health services and risk of irreparable loss.

  • Interlocutory injunction
  • Mortgage enforcement
  • Balance of convenience
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Civil procedure jamal abdallah tamim vs hassan abdallah subet 2022 tzhclandd 12238 25 august 2022

jamal abdallah tamim vs hassan abdallah subet 2022 tzhclandd 12238 25 august 2022

The application was fatally defective due to improper citation of the enabling provision of law, as the cited law was no longer applicable, rendering the application incompetent.

  • Interlocutory injunction
  • Improper citation of law
  • Defective affidavit
  • Competence of application
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.