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Tanzania decisions
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The applicant demonstrated on the balance of probabilities that the seized cash and motor vehicle are tainted properties connected to serious offences, and statutory conditions for a restraining order under sections 38(1) and 39(3) of the Proceeds of Crime Act were satisfied.
Source excerpt
The High Court dismissed a plaintiff’s application to enter disputed land for evaluation, finding it unsupported by the pleadings and barred by an existing restraint order.
The High Court properly exercised its discretion under the Proceeds of Crime Act, meeting statutory preconditions for restraining and disposal orders, and did not err in considering restitution provisions or in applying orders to property of parties with interest but not charged.
Source excerpt
The application is not tenable as there is no pending case between the applicant and respondent regarding the dispute that led to the threat of winding up; the cause of action in the main case is distinct and does not involve the dispute between applicant and respondent. The court cannot grant the orders sought in the absence of a proper suit between the parties.
Source excerpt
The Court of Appeal dismissed an application for a restraining order and stay of execution, holding it lacked jurisdiction to grant the restraint and that stay was unavailable after partial execution.
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