Tanzania Case Law

Charles Marwa Ruling

Court

TANZLII

The status quo order issued on 7.11.2022 was intended to last only until the applicant filed a suit and application for temporary injunction, or for 90 days, not indefinitely. The applicant failed to file the required application, thereby waiving protection. Even assuming the order remained valid, the applicant failed to provide sufficient evidence that the 1st respondent violated the order, as the photos and videos lacked dates and proof of changes after the order. The application is without merit and is dismissed.

Source excerpt

• Contempt of court
• Mareva injunction
• Status quo orders
• Temporary injunctions

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alvin beckham jiliwa vs mauren george mbowe and another 2024 tzhc 840 15 march 2024

Court

TZHC

The High Court overruled a preliminary objection against a temporary injunction application, holding that the objection raised factual issues not suitable for determination as a pure point of law.

• Temporary injunctions
• Preliminary objection
• Matrimonial property
• Preliminary-objection
• Temporary-injunctions
• Matrimonial-property

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RULING MSK REFINERY LTD v THE AG and 2 other

Court

TANZLII

Justice requires respondents to wait for outcome of counter claim before exercising right to sell suit property; applicant may suffer irreparable loss if property is disposed before determination; balance of convenience favors maintaining status quo pending determination of related cases.

Source excerpt

• Interim relief
• Status quo orders
• Mortgage disputes
• Temporary injunctions

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otto mark mosha and another vs peter alfred mpine and another 2024 tzhc 69 30 january 2024

Court

TZHC

An appellate court cannot grant a temporary injunction to restrain execution of a decree; the proper remedy is an application for stay of execution. The application for temporary injunction is misconceived and must be dismissed.

Source excerpt

• Temporary injunctions
• Stay of execution
• Execution of decrees
• Appellate jurisdiction

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haroon hussein haroon 9 others vs cosmos properties limited 2 others 2024 tzhclandd 2 8 january 2024

Court

TANZLII

The High Court struck out an application to extend a temporary injunction because the injunction had already expired before the application was filed.

• Temporary injunctions
• Extension of orders
• Jurisdiction
• Preliminary objection
• Temporary-injunctions
• Injunction-extension

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DarLux v Equity IGP

Court

TANZLII

The application is fatally defective for being omnibus, combining unrelated prayers governed by different laws, and for failure to serve the requisite statutory notice to the government; it is accordingly struck out.

Source excerpt

• Omnibus applications
• Jurisdiction
• Statutory notice to government
• Temporary injunctions

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Z

Court

TANZLII

The court held that it is functus officio, having previously determined and declined an application for temporary injunction between the same parties and subject matter. The grounds for maintenance of status quo overlap with those for temporary injunction, and the issues raised are barred by issue estoppel. The application is dismissed for lack of jurisdiction.

Source excerpt

• Interim relief
• Status quo orders
• Temporary injunctions
• Functus officio
• Issue estoppel

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Misc

Court

TANZLII

The order dismissing the application for temporary injunction was interlocutory and did not finally determine the rights of the parties. Under Section 78(2) of the CPC, such an order is not subject to review. The application for review is incompetent and must be dismissed.

Source excerpt

• Review of interlocutory orders
• Temporary injunctions
• Jurisdictional competence

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Misc

Court

TANZLII

The temporary injunction order sought to be enforced had expired after six months as per Order XXXVII Rule 3 of the Civil Procedure Code, and there was no evidence of extension. Therefore, the application is incompetent and struck out.

Source excerpt

• Contempt of court
• Temporary injunctions
• Preliminary objection

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CIVIL

Court

TANZLII

The notice of appeal was premised on an interlocutory order that did not finally and conclusively determine the suit. The order did not amount to a preliminary decree or a final determination of the substantive issues. Therefore, the notice of appeal and the appeal itself are incompetent and must be struck out.

Source excerpt

• Interlocutory orders
• Appealability
• Temporary injunctions
• Finality of orders

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