Tanzania Case Law

Arusha Blooms Limited v Hon. Permanent Secretary Ministry of Finance, Hon. Permanent Secretary, Ministry of State Presidents Office and Planning Investment, Bank of Tanzania, The Commissioner for Lands, The Assistant Registrar of Titles Arusha, Arusha District Council, The Hon. Attorney General, Vintan W. Mbirro (Defunct Received Manager Arusha Bloom Ltd), Daniel B Welwel (Defunct Received Manager Arusha Bloom Ltd) and Kitindi & Company Limited

The High Court at Arusha struck out Arusha Blooms Limited’s land application, holding that a pending appeal over the same property had already removed its jurisdiction.

• Jurisdiction after notice of appeal
• Preliminary objection
• Interim injunction
• Status quo order
• Receivership
• Public auction of land

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LEAH Ruling

Court

TANZLII

The High Court at Mwanza dismissed an application for contempt-like relief, holding that the applicants lacked locus standi because the appointed receivers were the proper parties.

• Locus standi
• Receivership
• Court orders
• Estate management
• Locus-standi
• Probate-administration

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sobai asanja limited vs i m bank t limited 2 others 2024 tzhclandd 5 10 january 2024

Court

TANZLII

The suit is not time barred as the claims include recovery of land, which has a 12-year limitation period, and the alleged breaches after 2015 constitute new causes of action within the limitation period. The plaintiff has demonstrated a cause of action and locus standi against the defendants based on the pleadings. The preliminary objections do not meet the criteria for preliminary objections as they require determination of facts and evidence.

Source excerpt

• Preliminary objection
• Limitation of actions
• Cause of action
• Locus standi
• Receivership
• Breach of contract

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haroon hussein haroon 9 others vs cosmos properties 2 others 2023 tzhclandd 16480 20 april 2023

Court

TANZLII

The High Court granted a six-month temporary injunction to preserve disputed apartments and shops pending the main land suit, finding a triable issue, irreparable harm, and balance of convenience.

• Temporary injunction
• Mortgage
• Receivership
• Ownership dispute
• Irreparable injury
• Balance of convenience

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patrick edward moshi vs commercial bank of africa t ltd 2023 tzca 170 4 april 2023

Court

TZCA

The Court of Appeal dismissed the borrower’s appeal, holding that the guarantor’s liability arose on default and that evidentiary and procedural complaints caused no prejudice.

• Guarantee liability
• Receivership
• Mortgage enforcement
• Burden of proof
• Admissibility of evidence
• Guarantee-liability

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tanzania development bank ltd another vs hanspaul industries ltd 2 others 2023 tzhccomd 37 24 february 2023

Court

TZHCCOMD

Despite the applicants' failure to prove a registered legal interest in the property, they were in possession of the attached property at the time the attachment order was issued, satisfying the requirement under Order XXI Rule 58 of the Civil Procedure Code. Therefore, the application to lift the attachment and sale order was meritorious.

Source excerpt

• Attachment and sale of property
• Receivership
• Registration of charges
• Secured creditors

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sanyou service station limited vs bank of baroda tanzania limited others 2022 tzca 387 20 june 2022

Court

TZCA

The Court of Appeal struck out a revision application, holding it could not investigate the second respondent’s alleged lack of mandate or take evidence in revision.

• Revision proceedings
• Receivership
• Consent judgment
• Locus standi
• Jurisdiction
• Revision-proceedings

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Court

TANZLII

Applicants were employed under fixed term written contracts for specific tasks, expiring 31/07/2021. Termination occurred by effluxion of time, not by employer's action. No unfair termination or entitlement to compensation, notice, leave pay, terminal benefits, or August 2021 salary. Company under receivership remains same legal entity; contracts admitted are valid.

Source excerpt

• Fixed term contracts
• Termination of employment
• Receivership
• Unfair termination
• Contractual obligations

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lilian stephen ihemaexecutrix of th estate of the late stephene ernest ihema vs receivership and mnager of sky developers limited another 2021 tzhclandd 6855 20 decemb

Court

TANZLII

The court found that the applicant established a prima facie case due to non-payment of rent since 2019, irreparable loss would be suffered by the applicant and the estate if the injunction was not granted, and the balance of convenience favored the applicant. The application for temporary injunction was therefore granted to restrain the respondents from sale, disposition, or change of status of the suit property for six months.

Source excerpt

• Temporary injunction
• Receivership
• Rental arrears
• Mortgage
• Estate administration

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CIVIL APPEAL NO 205 OF 2021 PULSES AND AGRO COMMODITIES TANZANIA LIMITED VS BANK OF BARODA TANZANIA LIMITED 1

Court

TANZLII

The appeal was dismissed because the appellant failed to plead or prove any set-off or counterclaim regarding the receivership process or proceeds, the receiver/manager and guarantors were not necessary parties for the determination of the suit, the trial court properly considered all relevant evidence and prior High Court orders, and the suit was not res judicata. The outstanding debt was specifically pleaded and strictly proved by the respondent.

Source excerpt

• Loan facility agreement
• Receivership
• Special damages
• Joinder of parties
• Res judicata
• Guarantor liability

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