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Tanzania decisions
Decisions matching the current search
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 DLHT lacked jurisdiction because the dispute was not a land dispute but a breach of contract; the reliefs sought did not concern ownership, possession, or use of land but rather contractual remedies.
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No point of law requiring determination by the Court of Appeal was raised, as the lower courts correctly found lack of jurisdiction due to unresolved land ownership and properly expunged documentary evidence not read in court.
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The High Court Land Division struck out a suit over a house sale agreement, holding the dispute was about contract formation, not a land dispute.
The High Court granted the applicant’s request to withdraw a leave-to-appeal application, holding the 2023 law change abolished the leave requirement and operates retrospectively.
Applicant failed to account for all days of delay and did not take steps to challenge the tribunal's decision; alleged illegalities do not constitute sufficient cause for extension of time.
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The High Court held that the Primary Court lacked jurisdiction over a civil claim for compensation tied to developments on land in a deceased’s estate, and quashed the lower-court proceedings.
The applicant satisfied all three cumulative conditions under Rule 11(5) of the Court of Appeal Rules, 2019: timely filing, a firm undertaking to provide security, and demonstration of substantial loss if stay is not granted. Therefore, stay of execution is warranted pending appeal.
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Despite insufficient evidence of substantial loss, the applicant's continued occupation of the disputed property and the existence of a pending appeal justify granting a stay of execution, subject to conditions for security to protect the respondent's interests.
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The High Court Land Division allowed 52 applicants to join a land case as defendants, holding they were necessary parties affected by the reliefs sought.
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