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Tanzania decisions
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The court held that, given the pending main suit over ownership and the ongoing generation of rental income from the disputed property, it is necessary to preserve the rental proceeds in an escrow account to protect the financial interests of both parties until the dispute is resolved.
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The High Court granted a temporary injunction restraining sale or disposal of two houses in Mikocheni pending determination of the main land suit.
Applicant established a prima facie case and the balance of convenience favors her, but the alleged loss is compensable in monetary terms and does not amount to irreparable injury. Therefore, the appropriate order is to maintain the status quo pending the main suit.
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Applicant established triable issues regarding ownership, demonstrated risk of irreparable loss if properties are disposed, and balance of convenience favored preserving the properties pending suit. Injunction granted only as to sale, disposal, alienation, and leasing of specified properties; other reliefs denied due to insufficient evidence.
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The High Court of Tanzania granted a temporary injunction preserving disputed land in Kariakoo, restraining eviction and transfer of title pending the main suit.
The High Court dismissed an application for temporary injunction, finding no tangible evidence that the disputed land was in danger of being alienated or wasted.
The court found a prima facie case exists due to the pending dispute over ownership of the suit property, and that the property and its rental proceeds are inseparable. Preserving rental proceeds in escrow is necessary to protect the interests of beneficiaries and prevent misuse pending determination of the main suit. The balance of convenience favors the applicant and beneficiaries, justifying the grant of the application.
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The court held that since the applicant is prevented from instituting a suit due to the statutory notice period, and all conditions for a mareva injunction are met, the injunction should be granted to preserve the status quo pending determination of the intended application.
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The High Court dismissed an arbitration-related petition as overtaken by events after the disputed farm had been sold and a certificate of sale issued.
The application for temporary injunction fails because the existence or whereabouts of the petroleum products is uncertain, making an injunction order nugatory. The loss, if any, is compensable by damages, and there is no irreparable harm. The balance of convenience does not favor granting the injunction, and the court cannot grant investigative orders at this stage.
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