Tanzania Case Law

Charles Marwa Ruling

Court

TANZLII

The status quo order issued on 7.11.2022 was intended to last only until the applicant filed a suit and application for temporary injunction, or for 90 days, not indefinitely. The applicant failed to file the required application, thereby waiving protection. Even assuming the order remained valid, the applicant failed to provide sufficient evidence that the 1st respondent violated the order, as the photos and videos lacked dates and proof of changes after the order. The application is without merit and is dismissed.

Source excerpt

• Contempt of court
• Mareva injunction
• Status quo orders
• Temporary injunctions

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Ruling MWAJUMA Misc Civil Application No

Court

TANZLII

The application is incompetent for seeking an order against a party not privy to the proceedings, specifically the corporate entity now holding title to the property. The court cannot issue orders against a non-party, and the applicant failed to properly amend the application to include the correct party. The preliminary objection on this ground is sustained.

Source excerpt

• Status quo orders
• Jurisdiction
• Misjoinder and non-joinder of parties
• Administrator liability
• Corporate legal personality

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ARUSHA CITY SCHOOL LTD

Court

TANZLII

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.

Source excerpt

• Interim injunction
• Status quo orders
• Breach of contract
• Loan security
• Irreparable harm

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Ishengoma Ruling

Court

TANZLII

The High Court at Mwanza dismissed an application to inspect tribunal records, finding the challenged status quo order and withdrawal complaint unsupported by the record.

• Review of tribunal proceedings
• Withdrawal of application
• Status quo orders
• Recusal of presiding officer
• Land-law
• Civil-procedure

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Mathayo

Court

TANZLII

The applicant failed to establish a prima facie case as he was not lawfully leased the land, the authority permitting his occupation was revoked, and he failed to meet conditions for alternative tenancy. His inability to pay for the alternative lease does not entitle him to continued occupation. No irreparable loss or balance of convenience in his favour was established. Application dismissed with costs.

Source excerpt

• Mareva injunction
• Status quo orders
• Statutory notice to sue government
• Land tenancy
• Prima facie case
• Irreparable loss

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THE REGISTERED TRUSTEES MASIJD VRS COMMISSIONER FOR LAND AND OTHERS 222 Edit

Court

TANZLII

The High Court at Babati granted an uncontested interim injunction preserving the applicant’s title to Plot No. 24 Block H pending determination of the main land suit.

• Interim injunction
• Status quo orders
• Title to land
• Maintenance of status quo
• Interim-injunction
• Status-quo-orders

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Judgment MRINGI MAGAFU VS MTUMWA NYALWAMBWA

Court

TANZLII

The DLHT erred in granting the right to use the disputed land to the respondents after nullifying the Ward Tribunal's proceedings for want of jurisdiction, and erred in awarding costs to the respondents when the irregularity was occasioned by the Ward Tribunal, not the appellant. There is no legal requirement for the DLHT to direct parties to initiate fresh proceedings after nullification.

Source excerpt

• Jurisdiction of ward tribunals
• Revisional powers of dlht
• Award of costs
• Status quo orders

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CHARLES KAHATANO LWEMPISI VS NBC 10780

Court

TANZLII

The High Court declined to grant ex-parte temporary injunction and status quo orders, holding the prayers should first be heard inter partes.

• Temporary injunction
• Status quo orders
• Right to be heard
• Temporary-injunction
• Status-quo-orders
• Inter-partes-hearing

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SAHARA MEDIA GROUP VS KCB BANK TZ LTD

Court

TANZLII

The original injunction order issued in Misc. Civil Application No. 87 of 2022 remains valid until final determination of Civil Case No. 36 of 2022. There is no legal requirement to limit the injunction to six months or aggregate one year under Order XXXVII Rule 1(a) or (b) CPC. The application for extension is misconceived as the existing order is still operative.

Source excerpt

• Temporary injunction
• Extension of injunction
• Status quo orders
• Functus officio
• Abuse of court process

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RULING MSK REFINERY LTD v THE AG and 2 other

Court

TANZLII

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.

Source excerpt

• Interim relief
• Status quo orders
• Mortgage disputes
• Temporary injunctions

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