dalangu gidabulgalda 4 others vs dilala digabulgalda 2022 tzhc 17231 23 december 2022

dalangu gidabulgalda 4 others vs dilala digabulgalda 2022 tzhc 17231 23 december 2022

The application for maintenance of status quo as prayed by the applicants cannot be granted because it would amount to a premature determination of the main issue of ownership, which is pending in the main appeal. The applicants did not seek an order for status quo ante, and granting their prayer would be outside the pleadings and not sustainable at this interlocutory stage.

Citation
dalangu gidabulgalda 4 others vs dilala digabulgalda 2022 tzhc 17231 23 december 2022
Parties
Applicant: Dalangu Gidabulgalda; Applicant: Elias Gundanga Derema; Applicant: Omari Mkasa; Applicant: Emanuel Gichenoka; Applicant: Gumba Suhosu; Respondent: Dilala Digabulgalda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Interlocutory Application for Maintenance of Status Quo Pending Appeal
Outcome
Application dismissed for want of merit.
Legal Topics
Interlocutory Orders, Status Quo, Abuse of Process, Maintenance of Status Quo, Land Dispute
Source Language
English
Civil Procedure Land Law Interlocutory Orders Status Quo Abuse of Process Maintenance of Status Quo Land Dispute

Case Brief

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Parties

Dalangu Gidabulgalda

Applicant

Elias Gundanga Derema

Applicant

Omari Mkasa

Applicant

Emanuel Gichenoka

Applicant

Gumba Suhosu

Applicant

Dilala Digabulgalda

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Interlocutory Application for Maintenance of Status Quo Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to an order for maintenance of status quo in respect of the suit property pending determination of the main appeal

Ratio Decidendi

The application for maintenance of status quo as prayed by the applicants cannot be granted because it would amount to a premature determination of the main issue of ownership, which is pending in the main appeal. The applicants did not seek an order for status quo ante, and granting their prayer would be outside the pleadings and not sustainable at this interlocutory stage.

Court Disposition

Application dismissed for want of merit.

Orders

  • Application dismissed.
  • Costs to follow events.