Interlocutory Proceedings
Interlocutory proceedings are legal actions filed in court to obtain temporary relief pending the final determination of the main suit. They aim to preserve rights, protect property, or prevent harm before judgment is delivered. These orders are procedural and do not resolve the substantive issues of the case.
Types of Interlocutory Orders under the Civil Procedure Code, Cap. 33
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Interim Payment
Payment ordered before the total sum owed is determined, often when the defendant admits part of the claim.
Order XII, Rule 4 allows judgment based on admitted facts without waiting for other issues to be decided. -
Security for Costs
A deposit or guarantee to cover the other party’s costs if the case fails. Common when the plaintiff resides outside Tanzania and has no property within the jurisdiction.
Provided under Order XXV, Rule 1(1). -
Arrest Before Judgment
Ordered when the defendant intends to abscond or obstruct execution of a future decree. The court may require security for appearance.
Governed by Order XXXVI, Rule 1. -
Attachment Before Judgment
The court can seize property if the defendant is about to dispose of or remove it to avoid execution.
Provided under Order XXXVI, Rule 6. -
Sale Before Judgment
Applied to perishable or quickly depreciating property that is the subject of the suit. The court may order its sale to preserve value.
Governed by Order XXXVII, Rule 7. -
Temporary Injunction
A court order restraining certain actions to prevent waste, damage, or fraudulent disposal of property. Granted if three conditions are met:-
Prima facie case exists
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Irreparable loss would occur without the order
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Balance of convenience favors the applicant
Legal basis: Order XXXVII, Rules 1–3, Section 68(c), Section 95.
Key case: Attilio v. Mbowe (1969) HCD 284.
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Life Span of Injunctions
An injunction lasts for the period set by the court, not exceeding six months, and may be extended up to a total of one year (Order XXXVII, Rule 3).