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Tanzania Case Law

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Commercial law METL AND CHINA DONGFENG RULING INJUNCTION INTER PARTES 5 1

METL AND CHINA DONGFENG RULING INJUNCTION INTER PARTES 5 1

The High Court has jurisdiction to grant interim injunctive relief pending arbitration, even where the seat of arbitration is outside Tanzania, as the alleged breaches occurred in Tanzania and the distributorship agreement allows recourse to courts for interim reliefs. The applicant satisfied the tests for granting an injunction: there is a serious question to be tried, irreparable harm would occur without the injunction, and the balance of convenience favors the applicant.

  • Interim injunctions
  • Exclusive distributorship agreements
  • Jurisdiction of courts pending arbitration
  • Mareva injunctions
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Land law ilona lawrence kadri another vs national housing corporation another 2023 tzhclandd 60 24 february 2023

ilona lawrence kadri another vs national housing corporation another 2023 tzhclandd 60 24 february 2023

The High Court dismissed an application for interim injunction, finding the applicants had not proved irreparable loss or balance of convenience.

  • Interim injunctions
  • Mareva injunctions
  • Breach of lease agreement
  • Implied covenants
  • Eviction
  • Irreparable loss
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Civil procedure hassan abdallah kitigi 2 others vs temeke municipal council another 2022 tzhclandd 12584 7 november 2022

hassan abdallah kitigi 2 others vs temeke municipal council another 2022 tzhclandd 12584 7 november 2022

The applicants failed to comply with Order I Rule 8 of the Civil Procedure Code Cap. 33, as the application involved representation of other businessmen, making it a representative suit requiring procedural compliance.

  • Representative suits
  • Mareva injunctions
  • Preliminary objections
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Civil procedure registered trustees of calvary assemblies of god cag vs tanzania steel pipes ltd and others 2020 tzhclandd 26 2 march 2020

registered trustees of calvary assemblies of god cag vs tanzania steel pipes ltd and others 2020 tzhclandd 26 2 march 2020

The application was brought under the wrong provisions of law, failing to cite section 2(3) of JALA which is the enabling provision for Mareva injunctions in the absence of a pending suit. This fundamental error renders the application incompetent and liable to be struck out.

  • Temporary injunctions
  • Proper citation of law
  • Mareva injunctions
  • Jurisdiction
  • Preliminary objection
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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.