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Tanzania decisions
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The High Court granted an interim injunction restraining eviction from disputed land and ordered the status quo maintained pending determination of the main suit.
The High Court found Golden Palm Ltd breached a sale agreement by failing to pay the outstanding balance for office and parking space, awarding Cosmos Properties Ltd the balance, interest, and general damages.
The preliminary objection lacks merit because the applicant has issued statutory notice of intention to sue the Government and taken steps to serve notice; the application is justifiable and convenient for relief sought. Temporary injunction may be considered where intention to sue is established.
Source excerpt
The High Court Land Division granted an interim injunction preserving Plot No. 2055, Msasani Peninsula, after the respondents did not oppose the application.
The High Court partly allowed a land appeal, setting aside a tribunal relief order that granted relief beyond the pleadings while leaving other findings intact.
The High Court held that sale of matrimonial property was void ab initio for lack of spousal consent and ordered surrender of title, refund, and damages.
The High Court held that the defendants entered a valid Murabaha financing agreement, defaulted on repayment, and must pay the outstanding balance, but claims over the disputed property failed.
The Court held that the High Court correctly found the marriage certificate to be authentic by comparing signatures as permitted by law, and that the house was matrimonial property requiring spousal consent for sale. The sale without such consent was void ab initio.
Source excerpt
The High Court ordered a refund of USD 100,000 after the defendant admitted receiving it for a house sale but failed to prove repayment to the plaintiff.
High Court appeal over a disputed house sale and refund claim was dismissed after the court upheld evidence that the appellant received T.shs. 1,695,000/=.
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