Tanzania Case Law

RULING SITUMAI MWAKYOSA final

Court

TANZLII

The applicant introduced new facts in the supplementary affidavit without leave of the court, contrary to the amendment order. The affidavit is incurably defective as the facts regarding eviction were within the applicant's knowledge at the time of the original affidavit but were omitted. Submissions from the bar cannot substitute for affidavit evidence. Without supporting evidence of eviction in the affidavit, the application for maintenance of status quo ante fails.

Source excerpt

• Interim orders
• Status quo ante
• Matrimonial property
• Affidavit procedure
• Mortgage without spousal consent

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makoa farm limited and 2 others vs uduru makoa amcos 2024 tzhc 282 14 february 2024

Court

TZHC

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.

• Temporary injunction
• Status quo ante
• Lease agreement
• Breach of contract
• Temporary-injunction
• Status-quo-ante

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dhirajlal walji ladwa 2 others vs jitesh jayantilal ladwa another 2023 tzhccomd 63 8 march 2023

Court

TZHCCOMD

The application does not constitute an abuse of court process as it does not determine the merits of the main petition but seeks only to restore the status quo ante pending determination. The preliminary objection lacks merit and does not qualify as a pure point of law.

Source excerpt

• Abuse of court process
• Preliminary objection
• Status quo ante
• Shareholding dispute
• Directorship dispute

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raymond focus mlay vs kcb bank tanzania 2022 tzhclandd 247 25 april 2022

Court

TANZLII

Applicant established a prima facie case, demonstrated irreparable injury, and balance of convenience favors him; status quo ante must be restored, and respondents must vacate the premises pending determination of the main suit.

Source excerpt

• Temporary injunction
• Status quo ante
• Eviction
• Ownership dispute
• Mortgage fraud

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car truck distributors limited vs mkb company ltd another 2022 tzhclandd 198 31 march 2022

Court

TANZLII

The High Court Land Division dismissed an application for maintenance of status quo ante over disputed land, holding it would prematurely determine the main suit.

• Status quo ante
• Temporary injunction
• Maintenance of property
• Premature determination of suit
• Status-quo-ante
• Temporary-injunction

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