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Tanzania Case Law

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Land law ABDALAH SHABANI GONJE RULING 0001

ABDALAH SHABANI GONJE RULING 0001

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.

  • Mareva injunction
  • Notice of intention to sue
  • Government proceedings
  • Interim relief
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Civil procedure ANTONY PAULIN ORDER final draft stamped2

ANTONY PAULIN ORDER final draft stamped2

The High Court at Bukoba found a prima facie breach of an injunction and ordered the respondents to appear, with possible arrest, detention, and attachment measures.

  • Contempt of court
  • Injunctions
  • Enforcement of court orders
  • Interim relief
  • Contempt-of-court
  • Enforcement-of-court-orders
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Civil procedure SELEMAN JOHN VS BANK OF AFRICA T LTD MISC

SELEMAN JOHN VS BANK OF AFRICA T LTD MISC

The court held that since objection proceedings regarding the property are pending and the hearing date is imminent, maintaining the status quo would not cause undue injustice to the respondents. Therefore, the applicant's prayer for interim protection of the property was granted.

  • Stay of execution
  • Objection proceedings
  • Interim relief
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Civil procedure MUSSA SHABANI ZORAWANGA vs HALIMA HASHIMU ZORAWANGA Tanzilii

MUSSA SHABANI ZORAWANGA vs HALIMA HASHIMU ZORAWANGA Tanzilii

The court held that, given the pending main suit over ownership and the ongoing generation of rental income from the disputed property, it is necessary to preserve the rental proceeds in an escrow account to protect the financial interests of both parties until the dispute is resolved.

  • Interim relief
  • Escrow account
  • Preservation of property
  • Estate administration
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Civil procedure RULING CHEN KAI VS HUO TAI edited

RULING CHEN KAI VS HUO TAI edited

The High Court granted a temporary injunction in part, restraining disposal of company assets and interference with the status quo pending an unfair prejudice petition.

  • Temporary injunction
  • Shareholder rights
  • Unfair prejudice
  • Company management
  • Interim relief
  • Temporary-injunction
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Administrative law RULING Leleshi Ratu vs

RULING Leleshi Ratu vs

It is improper to grant an interim stop order suspending the respondent's operation at the stage of determining leave to apply for judicial review, as this would pre-empt the substantive application and undermine the procedural requirements for judicial review.

  • Judicial review
  • Prohibition orders
  • Interim relief
  • Local government powers
  • Seizure of property
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Civil procedure KARUBONE TIMOTHEO

KARUBONE TIMOTHEO

Applicants demonstrated triable issue regarding land ownership, imminent irreparable harm from eviction, and legal impediment due to statutory notice. All conditions for Mareva injunction are satisfied.

  • Mareva injunction
  • Interim relief
  • Statutory notice
  • Land ownership
  • Eviction
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Civil procedure RULING MSK REFINERY LTD v THE AG and 2 other

RULING MSK REFINERY LTD v THE AG and 2 other

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.

  • Interim relief
  • Status quo orders
  • Mortgage disputes
  • Temporary injunctions
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Civil procedure catherine paul kyauka njau vs emmanuel paul kyauka as administrator of the estate of the late paul kyauka njau and another 2024 tzhc 432 26 february 2024

catherine paul kyauka njau vs emmanuel paul kyauka as administrator of the estate of the late paul kyauka njau and another 2024 tzhc 432 26 february 2024

The High Court at Moshi dismissed an application for temporary injunction in a probate dispute, finding no prima facie case, irreparable harm, or favorable balance of convenience.

  • Temporary injunction
  • Probate proceedings
  • Estate administration
  • Interim relief
  • Temporary-injunction
  • Probate-administration
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Land law dow elef international limited vs andrew shadrack mtweve 2 another 2024 tzhclandd 28 22 february 2024

dow elef international limited vs andrew shadrack mtweve 2 another 2024 tzhclandd 28 22 february 2024

The applicant established triable issues, risk of irreparable loss, and greater hardship if the injunction is withheld. No opposition was presented. The principles for granting a temporary injunction are satisfied.

  • Temporary injunction
  • Lease disputes
  • Interim relief
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