Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court overruled a preliminary objection in a land appeal, holding that issues of prematurity and functus officio required facts and discretion, not a pure point of law.
The existence of a valid arbitration agreement in the sale contract obliges the court to stay proceedings and refer the parties to arbitration, as per statutory mandate and established case law. The court retains jurisdiction to make such referral but must respect the parties' contractual dispute resolution mechanism.
Source excerpt
The High Court at Geita granted a temporary stay of proceedings in a land execution matter pending determination of an appeal, to preserve the status quo.
The High Court stayed probate-related proceedings over the Mengi estate, citing multiplicity of suits and its inherent power under section 95 of the Civil Procedure Code.
The High Court struck out a stay application as overtaken by events after it had already stayed related proceedings pending Court of Appeal directions.
The parties' contract expressly required disputes to be resolved first by adjudication and then by arbitration. The respondent failed to exhaust these mechanisms before filing suit. The court's role is to enforce the contract, not to alter its terms. Therefore, the proceedings must be stayed to allow arbitration.
Source excerpt
The High Court stayed this commercial suit as res sub judice to an earlier land case pending appeal at the Court of Appeal of Tanzania.
The applicant failed to provide sufficient information to demonstrate imminent danger or risk of disposal of the estate property. The title deed remains in the names of the deceased and the applicant, and there is no immediate threat of the property being wasted or disposed of. Therefore, the application for an interim order to maintain the status quo is without merit and is dismissed.
Source excerpt
The High Court lacks jurisdiction to appoint a receiver when the underlying suit is stayed and subject to an appeal; such jurisdiction vests in the appellate court.
Source excerpt
The court found that the subject matter and key issues in both suits are substantially the same, involving the same parties and arising from the same tripartite Receivables Purchase Agreement. Therefore, the principle of res subjudice applies, and the current suit must be stayed pending determination of the earlier suit.
Source excerpt
Explore more
