Tanzania Case Law

east africa racket sport club v tanzania bulding agency another 2024 tzhclandd 25 16 february 2024

Court

TANZLII

The applicant conceded to breach of lease terms, thus has no legal or equitable right to protection by injunction. No serious triable issue exists regarding the lease termination. The applicant failed to substantiate claims of irreparable loss or demonstrate that losses could not be compensated by damages. The balance of convenience favors the respondents, as their tenants and community are affected by the applicant's conduct.

Source excerpt

• Interim injunctions
• Lease termination
• Mareva injunction
• Breach of lease
• Irreparable harm
• Balance of convenience

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saidi hussein another vs imani kiriani 2023 tzhclandd 17236 20 december 2023

Court

TANZLII

On first appeal, the High Court found the agreed rent was TZS 60,000 and the lease ended on 30 September 2019. It set aside damages but ordered the premises unlocked.

• Lease termination
• Trespass
• Damages
• Eviction procedures
• Lease-termination
• Eviction-procedure

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mikumi hospital dar ltd vs costa george shinganyaadministrator of the late mwami theresa ntare another 2023 tzhclandd 15740 30 march 2023

Court

TANZLII

The plaintiff breached the lease by failing to pay rent, became a trespasser after the lease was terminated, and was lawfully evicted. The 1st defendant is entitled to recover unpaid rent. The plaintiff is not entitled to any reliefs or compensation for eviction.

Source excerpt

• Tenancy
• Eviction
• Lease termination
• Unpaid rent
• Trespass
• Counter-claim

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celestial aviation trading limited vs airco holding company limited 2021 tzhccomd 3391 2 november 2021

Court

TZHCCOMD

The High Court set aside a temporary injunction restraining an aircraft from leaving Tanzania, finding the applicant proved ownership and the order rested on incorrect information.

• Temporary injunction
• Aircraft ownership
• Lease termination
• Temporary-injunction
• Aircraft-ownership
• Civil-procedure

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salehe surur vs tanzania scouts association 2020 tzhclandd 123 12 may 2020

Court

TANZLII

The High Court held the appellant’s lease had expired and upheld vacant possession, but set aside arrears of rent because they were not specifically pleaded.

• Lease termination
• Unlawful occupation
• Relief not pleaded
• Counterclaim requirements
• Lease-termination
• Vacant-possession

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abraham migeto vs issa rajabu 2020 tzhclandd 107 1 april 2020

Court

TANZLII

The High Court dismissed a landlord’s second appeal, upholding findings that an eviction after lease expiry was unlawful because mandatory notice was not served.

• Unlawful eviction
• Lease termination
• Notice requirements
• Compensation for property loss
• Unlawful-eviction
• Lease-termination

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20150122 TZHC Mwanza

Court

TZHC

On appeal from a land tribunal, the High Court reduced a daily loss award for unproved special damages, set aside an unpleaded TSh 20 million award, and upheld general and exemplary damages.

• Lease termination
• Loss of profit
• Special damages
• General damages
• Exemplary damages
• Self-help eviction

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herkin bulders ltd vs mariam peter kalekezi 1998 tzhc 2019 1 december 1998

Court

TZHC

The High Court set aside a Housing Appeals Tribunal decision for procedural unfairness and restored the regional tribunal’s orders with a corrected balance due.

• Lease termination
• Recovery of repair costs
• Award of costs
• Procedural fairness in appeals
• Procedural-fairness
• Appellate-review

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