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Tanzania decisions
Decisions matching the current search
The High Court allowed the appeal, set aside the tribunal’s striking-out order, and held the pleadings disclosed trespass, not breach of lease.
The court lacks jurisdiction to grant temporary injunction as no proper arbitral proceedings were commenced; the notice served did not qualify as a request for arbitration under the law.
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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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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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SAID SUDI was a necessary party as his proprietary rights were directly affected; the trial tribunal's proceedings and judgment are set aside and the matter remitted for fresh hearing after joinder of the necessary party.
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The High Court in Mwanza dismissed an interim injunction application over a disputed motor vehicle, finding no prima facie case, irreparable loss, or balance of convenience.
The High Court granted a Mareva interim injunction, preserving status quo over leased land pending arbitration after finding a prima facie case, irreparable loss, and balance of convenience.
The dispute was resolved by consent, with parties agreeing on the outstanding construction costs, recovery period, rent terms, refund mechanism, and mutual release of further claims. The consent judgment is binding and enforceable against either party in case of default.
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The Court of Appeal of Tanzania dismissed a review application, holding that the challenged ground of appeal had already been considered and no manifest error was shown.
The High Court dismissed competing interim applications over a lease dispute, finding the injunction claim lacked pleaded irreparable loss and the status quo request was untenable.
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