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Tanzania decisions
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The applicant established triable issues, risk of irreparable loss, and greater hardship if the injunction is withheld. No opposition was presented. The principles for granting a temporary injunction are satisfied.
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The dispute is fundamentally a lease (landlord-tenant) matter, which is a land dispute under Tanzanian law. The Commercial Division lacks jurisdiction as lease disputes are not covered by the HCCD Procedure Rules and are reserved for the land court under the Land Act.
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The essential conditions for the application of res sub judice have not been met because the matters in issue in the two cases are not directly and substantially the same, and the District Land and Housing Tribunal does not have jurisdiction to grant the reliefs sought in the present suit. Therefore, the preliminary objection is overruled and the suit shall proceed to trial.
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All conditions for res judicata are met: the subject matter and parties (or their privies) are the same, the court is competent, and the previous suit was finally decided by dismissal for want of prosecution. The plaintiff, having unsuccessfully applied to set aside the dismissal, cannot file a fresh suit on the same matter. The court is functus officio and lacks jurisdiction to entertain the suit.
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The High Court dismissed an application to extend time to appeal a consent judgment, finding no sufficient cause for delay and no illegality in the district court’s lease-related jurisdiction.
The applicant demonstrated sufficient facts and a reasonable defence to justify leave to defend, particularly as the claims for damages and interest are discretionary and not strictly pleaded as unlawful occupation.
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The High Court allowed one consolidated land appeal on res judicata, set aside the tribunal proceedings, and held the other appeal could not stand.
The application for injunction was overtaken by events as the applicant had already been evicted and the premises leased to another; thus, the substratum of the application no longer existed and the application could not be determined on merits.
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The Court of Appeal granted a stay of execution pending appeal in a lease dispute, finding the application timely, substantial loss shown, and security sufficiently offered.
The applicant met all procedural and substantive requirements for a stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, provision of necessary documents, demonstration of substantial loss, and undertaking to furnish security. The stay is conditional upon the applicant depositing a bank guarantee for the specified sum within 30 days.
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