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Tanzania decisions
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The High Court Land Division dismissed an application to maintain status quo over land alleged to have been sold, finding no prima facie case or irreparable loss.
The applicant failed to demonstrate irreparable injury or that the balance of convenience favored him, as the property was vacant and any loss could be compensated by damages. The existence of a bona fide purchaser for value further weighed against granting the injunction. Only the prima facie case was established, but the cumulative conditions for a temporary injunction were not met.
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The applicant failed to meet the three cumulative conditions for granting a temporary injunction, as there was no evidence of the property's current value, no substantiated irreparable loss, and no valid lease agreement. The property had already been sold and transferred, and the applicant delayed in seeking relief. There was nothing left to be preserved by injunction.
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The High Court held that the plaintiffs remained liable as guarantors and mortgagors, and dismissed their challenge to Azania Bank’s sale of the property.
The defendant, having knowledge of undisclosed encumbrances that led to the plaintiff's loss of ownership, constructively breached the sale contract. The plaintiff is entitled to a refund of the purchase price, interest, general damages, and costs.
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The High Court set aside a private-treaty sale of mortgaged property, holding that execution after a consent decree had to follow mandatory Civil Procedure Code rules.
The High Court allowed a land appeal, held that mandatory statutory notices were not proved, and nullified the sale of mortgaged property.
The respondents failed to prove that the appellant was served with the mandatory default notice before initiating the sale of the mortgaged property. This procedural lapse renders the sale process null and void, despite the appellant's default on the payment schedule.
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The High Court partly allowed amendment requests: the plaint could be amended to add the Attorney General, and the counterclaim could be updated.
The High Court dismissed Mogas Tanzania’s commercial claim, finding no proved breach by the dealer and no proof of collusion or unpaid credit owed.
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