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Tanzania decisions
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The applicants met the conditions for a temporary injunction as set out in Attilio vs. Mbowe, and the application was unopposed. Therefore, the court granted the temporary injunction restraining the respondents from disposing of or tampering with the suit premises pending the hearing of the main case.
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The land matter before the trial tribunal was unnecessary and an abuse of process, as the civil court had already decided the dispute regarding the loan and security. The proceedings and judgment of the trial tribunal are quashed and set aside.
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An advocate who attests a document that is central to the pleadings and may be called as a witness is conflicted and must be disqualified from acting as advocate in the same matter to avoid embarrassment and preserve the integrity of proceedings, as per Section 7 of Cap 12 R.E. 2019 and Regulation 45 of G.N. 118 of 2018.
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The High Court granted a six-month temporary injunction stopping sale of three disputed properties pending determination of a land case over mortgage security.
The High Court adopted a mediated consent settlement in a land case, granting the plaintiff time to repay an outstanding loan in scheduled installments.
The High Court struck out a temporary injunction application after finding it incompetent because no pending suit between the parties was shown.
The High Court granted an application for attachment before judgment over the respondent’s property as security for unpaid loan facilities and costs were ordered to follow the event.
The High Court held that a credit agreement existed, the defendants breached it by non-payment, and the plaintiff bank was entitled to the outstanding sums and interest.
The High Court dismissed a land appeal, holding that the respondent was the lawful purchaser because the land had been sold to her first.
The Court of Appeal granted stay of execution pending appeal, holding that sale of the applicants’ house would cause irreparable injury and preserving the secured property.
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