Tanzania Case Law

mafia island diving limited vs marine park lodge limited another 2024 tzhclandd 73 29 february 2024

Court

TANZLII

The applicant established all three conditions for grant of a temporary injunction: there is a serious triable issue regarding ownership and tenancy of the suit premises; the applicant stands to suffer irreparable loss, including loss of business and developments, if the injunction is not granted; and the balance of convenience favors the applicant as the loss to the applicant outweighs any inconvenience to the respondents. The defect in the respondents' counter affidavit is curable and not fatal.

Source excerpt

• Temporary injunction
• Land ownership dispute
• Tenancy rights
• Irreparable injury
• Balance of convenience

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adinan almas and others vs mwajabu jongo and another 2021 tzhclandd 863 30 november 2021

Court

TANZLII

Applicants demonstrated common interest and proper authorization (except for three individuals who did not sign), thus met requirements for leave to file a representative suit under Order I Rule 8 of the Civil Procedure Code.

Source excerpt

• Representative suits
• Leave to sue on behalf of others
• Tenancy rights
• Breach of contract
• Trespass

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asha juma mansoor others vs john ashery mbogoni 2021 tzca 252 11 june 2021

Court

TZCA

Applicants demonstrated substantial loss would occur if evicted, and their affidavit constituted a firm undertaking to furnish security as required. The nature of security should be maintenance of status quo, not monetary, given the decree is not for money.

Source excerpt

• Stay of execution
• Conditions for stay
• Security for performance of decree
• Substantial loss
• Tenancy rights

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alex mhagama others vs amar remtula others 2019 tzhc 2021 28 january 2019

Court

TZHC

The High Court nullified District Land and Housing Tribunal proceedings after finding the tribunal was improperly constituted when different assessors sat during trial.

• Tribunal constitution
• Eviction
• Tenancy rights
• Procedural irregularity
• Tribunal-constitution
• Land-dispute

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magaka so nyorobi vs republic 2007 tzhc 137 14 november 2007

Court

TZHC

The High Court allowed a second criminal appeal, quashed a conviction for forcible detainer, and acquitted the appellant after finding he occupied the house as a tenant with colour of right.

• Forcible detainer
• Tenancy rights
• Criminal procedure
• Forcible-detainer
• Tenancy-rights
• Criminal-appeal

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abdallah k mgonja another vs permanent secretary ministry of works others 2003 tzhc 33 18 march 2003

Court

TZHC

The High Court refused to set aside a dismissal for want of prosecution, holding that the applicants had not shown sufficient cause for failing to file written submissions on time.

• Setting aside dismissal
• Extension of time
• Tenancy rights
• Prerogative orders
• Civil-procedure
• Setting-aside-dismissal

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mgonja another vs permanent secretary ministry of works others 2003 tzhc 5 18 march 2003

Court

TZHC

The High Court refused to set aside a dismissal for non-prosecution, holding that the applicants had not shown sufficient cause for missing filing deadlines.

• Restoration of dismissed application
• Extension of time
• Prerogative orders
• Tenancy rights
• Civil-procedure
• Extension-of-time

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abdallah k mgonja another vs permanent secretary ministry of works others 2003 tzhc 73 18 march 2003

Court

TZHC

The High Court dismissed an application to set aside a dismissal order and extend time, finding no sufficient cause for non-compliance with filing directions.

• Setting aside dismissal
• Extension of time
• Tenancy rights
• Civil-procedure
• Setting-aside-dismissal
• Extension-of-time

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19970224 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a civil appeal over vacant possession, holding that res judicata did not bar the respondents’ application because earlier proceedings were not finally determined on the merits.

• Res judicata
• Notice to quit
• Vacant possession
• Tenancy rights
• Res-judicata
• Notice-to-quit

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19900309 TZHC Dar es Salaam

Court

TZHC

The High Court held that a Resident Magistrate's Court lacked jurisdiction over a tenancy dispute in a rent restriction area, so the proceedings were a nullity.

• Jurisdiction
• Rent restriction
• Tenancy rights
• Declaratory relief
• Injunctions
• Tenancy-law

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