Tanzania Case Law

Soli Leleshi Njimili Soli Leleshi vs Director of Public Prosecution

Court

TANZLII

The trial court's application was incompetent for combining unrelated prayers for restraint and disposal of property (omnibus application), and there was no pending main suit to justify the disposal order. The applicant's right to be heard was violated. The trial court's order was tainted with illegality and irregularity and is quashed.

Source excerpt

• Omnibus applications
• Right to be heard
• Forfeiture of property
• Restraint orders
• Natural justice

Read case analysis

director of public prosecutions vs muharami mohamed abdallah chonji another 2021 tzca 82 12 march 2021

Court

TZCA

The High Court erred by not granting restraint orders on properties where evidence established they were instrumentalities of crime and the accused had sufficient interest. Ownership disputes and third party interests do not preclude restraint orders at this stage; such interests are addressed at forfeiture. Affidavit evidence and statutory definitions under POCA justified restraint orders.

Source excerpt

• Proceeds of crime
• Restraint orders
• Tainted property
• Drug trafficking

Read case analysis

Johnsen ruling scanned

Court

TANZLII

The applicant established a prima facie case, risk of irreparable loss, and balance of convenience in his favor, justifying the grant of an interim injunction to preserve the status quo pending determination of the main suit.

Source excerpt

• Interim injunction
• Ownership dispute
• Restraint orders

Read case analysis

norsad finance limited vs shindika group limited 2017 tzca 231 29 august 2017

Court

TZCA

The restraint order was not made in a suit under the Civil Procedure Code; therefore, section 5(1)(a) of the Appellate Jurisdiction Act does not apply, and leave to appeal was required under section 5(1)(c). As no leave was sought, the appeal is incompetent and must be struck out.

Source excerpt

• Leave to appeal
• Restraint orders
• Arbitration proceedings
• Jurisdiction

Read case analysis

20170824 TZCA Dar es Salaam

Court

TZCA

The restraint order was not made in the course of a suit under the Civil Procedure Code; therefore, leave to appeal was required under section 5(1)(c) of the Appellate Jurisdiction Act, and as no leave was sought, the appeal is incompetent.

Source excerpt

• Leave to appeal
• Restraint orders
• Definition of 'suit' under civil procedure code

Read case analysis

agro impex tanzania ltd vs riyaz gulamani others 2011 tzhc 2015 15 november 2011

Court

TZHC

The High Court dismissed a fraud-and-collusion challenge to an earlier share transfer judgment, finding the plaintiff had not proved fraud or a subsisting restraint order.

• Fraud
• Collusion
• Share transfer
• Burden of proof
• Restraint orders
• Share-transfer

Read case analysis