Tanzania Case Law

RULING SITUMAI MWAKYOSA final

Court

TANZLII

The applicant introduced new facts in the supplementary affidavit without leave of the court, contrary to the amendment order. The affidavit is incurably defective as the facts regarding eviction were within the applicant's knowledge at the time of the original affidavit but were omitted. Submissions from the bar cannot substitute for affidavit evidence. Without supporting evidence of eviction in the affidavit, the application for maintenance of status quo ante fails.

Source excerpt

• Interim orders
• Status quo ante
• Matrimonial property
• Affidavit procedure
• Mortgage without spousal consent

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sca 7415

Court

TANZLII

The application for Mareva injunction is overtaken by events because the 90 days' statutory notice has expired, and there is no longer any legal impediment preventing the applicant from instituting a substantive suit. Therefore, the court cannot grant the injunction.

Source excerpt

• Mareva injunction
• Statutory notice
• Eviction
• Mortgage without spousal consent

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CIVIL APPLICATION NO

Court

TANZLII

The applicant failed to establish any ground warranting review as the affidavits did not support the complaints, the right to be heard was not denied, the judgment was not a nullity, no manifest error was shown, and the Court had jurisdiction. The application amounted to an appeal in disguise, which is not permissible under review jurisdiction.

Source excerpt

• Review of appellate judgment
• Right to be heard
• Bona fide purchaser
• Jurisdiction
• Mortgage without spousal consent

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ester james magitta vs christopher marwa mkami 2 others 2022 tzhc 12386 31 august 2022

Court

TZHC

The applicant met all three criteria for a temporary injunction: there is a serious triable issue regarding the mortgage and transfer of matrimonial property without her consent; she risks irreparable loss if the property is transferred; and the balance of convenience favors her as she stands to suffer more than the respondents if the injunction is not granted.

Source excerpt

• Temporary injunction
• Matrimonial property
• Mortgage without spousal consent
• Irreparable loss
• Balance of convenience

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magdalena mayunga vs equity bank t limited and 3 others 2021 tzhclandd 859 15 november 2021

Court

TANZLII

The applicant established serious triable issues regarding her status as lawful wife, validity of spousal consent, and whether the property is matrimonial. The court found the applicant would suffer greater irreparable harm if the injunction was not granted, and the balance of convenience favored her. The application for temporary injunction was therefore granted pending determination of the main suit.

Source excerpt

• Temporary injunction
• Matrimonial property
• Mortgage without spousal consent
• Balance of convenience

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ANNASTAZIA SCANNED

Court

TANZLII

The appellant proved she was the wife of the 3rd respondent and did not consent to the mortgage of the matrimonial property; thus, the mortgage was illegal and a nullity for want of spousal consent as required by law.

Source excerpt

• Matrimonial property
• Mortgage without spousal consent
• Burden of proof
• Nullification of mortgage

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elizabeth minza vs paul matiku tubeti and another 2020 tzhc 1000 29 may 2020

Court

TZHC

The High Court held that a land tribunal had jurisdiction over a matrimonial-property dispute and should have struck out, not dismissed, the case for want of jurisdiction.

• Jurisdiction of land tribunals
• Matrimonial property
• Mortgage without spousal consent
• Dismissal vs striking out for want of jurisdiction
• Land-tribunal-jurisdiction
• Matrimonial-property

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stamili selemani kibiga vs tib development bank ltd others 2018 tzhclandd 386 8 june 2018

Court

TANZLII

The High Court granted a six-month temporary injunction restraining sale or eviction from mortgaged land, finding a serious issue over spousal consent and balance of convenience.

• Temporary injunction
• Mortgage without spousal consent
• Irreparable injury
• Balance of convenience
• Temporary-injunction
• Mortgage-law

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land appeal number 27067

Court

TANZLII

The appellant failed to prove the existence of a subsisting marriage at the time of the mortgage and failed to prove that the suit property was a matrimonial home. The marriage certificate was found unreliable and tainted with doubt. The mortgagee conducted sufficient due diligence. Therefore, the mortgage was valid and the appeal lacked merit.

Source excerpt

• Matrimonial property
• Mortgage without spousal consent
• Burden of proof
• Authenticity of evidence

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consolidated holding corporation vs abdallah mpokonya ta marshal ceramic wares enterprises 2005 tzhccomd 26 18 march 2005

Court

TZHCCOMD

The High Court dismissed a wife’s objection to execution against mortgaged property, holding the loan and mortgage predated the Land Act and spousal-consent rules did not apply retrospectively.

• Matrimonial property
• Mortgage without spousal consent
• Execution of judgment
• Retrospective application of statutes
• Matrimonial-property
• Mortgage

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