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Tanzania decisions
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The applicant is entitled to a Mareva Injunction restraining the respondents from demolishing or interfering with the disputed land until the statutory notice to sue expires, as all procedural requirements have been met and the respondents do not oppose the application.
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The suit is incompetent for non-joinder of necessary government parties (Commissioner for Lands and Registrar of Titles), and the court lacks jurisdiction to make further orders. The proper recourse is to strike out the suit, not to adjourn or amend, due to the mandatory notice requirement under the Government Proceedings Act.
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The High Court struck out a land claim as premature because the plaintiff failed to comply with mandatory 90-day statutory notice requirements before suing the defendants.
The High Court Land Division dismissed a Mareva injunction application, holding the applicants failed to plead and prove specific irreparable loss.
Applicant failed to establish a strong prima facie case, ongoing or imminent threat to property, or irreparable loss not compensable by damages. Respondents' evidence was uncontroverted. Public interest in use of the road outweighs applicant's individual interest. All conditions for mareva injunction were not met.
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The High Court struck out a land suit as premature because the plaintiffs failed to serve mandatory 90-day statutory notice on all required government defendants.
The High Court struck out a civil suit against Tunduru District Council and the Attorney General for failure to comply with the statutory 90-day notice requirement.
The High Court granted Mo Green International Co. Ltd 30 days to lodge an appeal, holding that alleged illegality on the face of the record justified extension of time.
Failure to serve the mandatory 90 days' statutory notice of intention to sue on government defendants renders the suit incompetent and liable to be struck out, regardless of whether government officers are sued jointly with non-government parties.
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The absence of necessary parties, specifically land authorities and the Attorney General, in a dispute over registered land renders the proceedings, judgment, and decree of the District Land and Housing Tribunal a nullity, necessitating fresh proceedings before the competent court with all necessary parties joined.
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