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Tanzania decisions
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The High Court at Mbeya held that a status quo order sought over land was, in substance, a temporary injunction barred against Government entities.
The High Court at Arusha refused a pre-suit injunction and declined to waive the statutory notice period in a dispute over road-reserve demolition along the Arusha–Minjingu Road.
The High Court granted a temporary injunction restraining construction on disputed land in Dar es Salaam pending determination of the main land suit.
The applicant failed to demonstrate irreparable loss as the alleged acts (demolition and construction) had already been completed; injunctive relief cannot be granted to prevent acts that have already occurred.
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The applicant established a prima facie case due to disputed indebtedness and alleged statutory non-compliance in the auction process. The applicant demonstrated likelihood of irreparable harm through loss of business and reputation, and the balance of convenience favored the applicant as the respondents had alternative legal remedies. Therefore, the conditions for a temporary injunction were met.
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The High Court Land Division dismissed a Mareva injunction application, holding the applicants failed to plead and prove specific irreparable loss.
Applicants satisfied all three conditions for grant of temporary injunction: existence of prima facie case, irreparable harm not compensable by damages, and balance of convenience favors applicants; thus, injunction granted pending determination of main suit.
Source excerpt
Since the main suit was dismissed for being res judicata, the application for temporary injunction collapses and is no longer competent before the court.
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The High Court granted a temporary injunction over a disputed 84-acre land parcel in Mbeya, preserving the status quo pending the main land suit.
The High Court granted a temporary injunction preserving disputed estate property pending trial, finding serious issues about service, probate revocation, and estate administration.
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