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Tanzania decisions
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The High Court at Mbeya dismissed an appeal against refusal to extend time, holding the alleged tribunal illegality was not apparent on the face of the record.
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 1st appellant admitted occupation of the suit premises after expiry of the tenancy agreement, making him a trespasser. The tribunal correctly awarded rent arrears and general damages. The decree's defect was clerical and correctable, not warranting nullification of the judgment or decree. No prejudice was shown to the appellant.
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Plaintiff failed to prove on a balance of probabilities that he was injured during the eviction or that the injury was caused by the Defendants; medical and testimonial evidence was inconsistent and did not support the claims; special damages were not strictly proved.
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The applicant lacked locus standi to seek a temporary/interim injunction after expiry of the lease agreement, as a former tenant or trespasser cannot seek an injunction against the owner of the premises.
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The High Court held the plaintiffs failed to prove lawful ownership of the disputed land, and dismissed the suit despite finding malicious burning of property.
The applicant failed to demonstrate all three mandatory conditions for grant of a temporary injunction, specifically irreparable loss and balance of convenience, as required by law. Only the existence of a serious triable issue was established. Therefore, the application for temporary injunction cannot succeed.
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Repairs were not sanctioned in writing as required by the lease agreement; therefore, costs cannot be offset against rental arrears. Appellant was aware of outstanding rent and bound by contract terms. Appeal lacks merit.
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The African Court dismissed an application by Ogiek applicants against Kenya for lack of personal jurisdiction because Kenya has not filed the Article 34(6) declaration.
The applicant demonstrated that the intended third party instructed the actions leading to the suit and thus satisfied the requirements for leave to file a third-party notice under Order I, Rule 14 of the Civil Procedure Code.
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