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Tanzania decisions
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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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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.
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The applicant satisfied all three conditions for grant of an interim injunction as established in Atilio v. Mbowe; the court found that there is a serious issue to be tried, irreparable harm would result if the property is disposed of, and the balance of convenience favors the applicant. Therefore, the application for interim orders is granted.
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The applicant failed to demonstrate all three mandatory conditions for a temporary injunction, specifically irreparable loss and balance of convenience, as her affidavit did not provide evidence of these elements. Therefore, the application could not succeed.
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The High Court granted a temporary injunction in part, blocking sale of four collateral properties pending the main land suit, but excluded one plot said to have already been sold.
The applicant conceded to breach of lease terms, thus has no legal or equitable right to protection by injunction. No serious triable issue exists regarding the lease termination. The applicant failed to substantiate claims of irreparable loss or demonstrate that losses could not be compensated by damages. The balance of convenience favors the respondents, as their tenants and community are affected by the applicant's conduct.
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The applicant failed to prove irreparable loss and thus did not satisfy all three conditions required for granting a temporary injunction as established in Atilio vs Mbowe. The application was therefore dismissed.
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The Court held it has jurisdiction to entertain the Reference as allegations of Treaty infringement were raised, and exhaustion of local remedies is not required. However, the Applicant failed to demonstrate irreparable harm that could not be compensated by damages, and sought to stay non-existent orders (taxation of costs yet to be filed), amounting to an abuse of process. Therefore, the application for interim orders was dismissed.
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Applicant satisfied all statutory requirements for stay of execution; irreparable harm demonstrated; timely filing; firm undertaking to furnish security; requisite documents appended; respondent did not oppose.
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