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Tanzania decisions
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The High Court Commercial Division dismissed an application to restore the applicant to a house pending the main suit, finding the request was delayed and would pre-empt the case.
The High Court granted a temporary injunction in a land dispute, preserving the applicant’s occupation and protecting coconut trees pending determination of the main suit.
All three conditions for grant of temporary injunction were met: there is a serious triable issue regarding ownership, the applicant would suffer irreparable loss if the injunction is not granted, and the balance of convenience favors the applicant. Respondents' failure to contest the application further supports granting the orders sought.
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The High Court reviewed its earlier land revision ruling and clarified that restoration of the applicant to the suit premises followed as a necessary consequence of quashing an illegal execution order.
The court refused to restore the plaintiffs to possession after eviction, holding that the temporary injunction had expired and was not renewed.
The High Court quashed a District Land and Housing Tribunal order made on an oral, ex parte application for restoration of possession, citing procedural irregularity and natural justice.
The application stands unopposed due to respondent's failure to file submissions; the court exercises discretion to grant a mandatory injunction to restore the property to the applicant, as the circumstances warrant rare relief and the respondent remains in possession.
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The application for mandatory injunction stands unopposed due to respondent's failure to file submissions; circumstances justify restoration of property to applicant pending final determination.
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The High Court of Tanzania declined to grant a temporary injunction restraining eviction, holding the applicant’s alleged loss could be compensated by damages.
The High Court allowed an appeal after finding the lower court misdirected itself by focusing on earlier rulings instead of the operative order restoring possession.
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