PDFTCMSource13 4t

PDFTCMSource13 4t

The application for maintenance of status quo is misconceived because the decree in Commercial Case No.54 of 2015 has already been executed by sale of the property to the 4th respondent. The proper remedy would have been stay of execution if execution was incomplete, or objection proceedings. A status quo order cannot be issued to bind the Registrar of Titles who is not a party, nor can it reverse a completed execution. Therefore, the application is dismissed for lack of merit.

Citation
PDFTCMSource13 4t
Parties
Applicant: Khadija Abdul Faraji; 1st Respondent: Apel Petroleum Limited; 2nd Respondent: Ahaco Oil Limited; 3rd Respondent: Kishe Auction Mart Co. Limited; 4th Respondent: Mubezi Brian Lukwabe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 October 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Maintenance of Status Quo (interim Order)
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Status Quo Orders, Execution of Decrees, Land Title Disputes
Source Language
English
Civil Procedure Property Law Interim Injunctions Status Quo Orders Execution of Decrees Land Title Disputes

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Parties

Khadija Abdul Faraji

Applicant

Apel Petroleum Limited

1st Respondent

Ahaco Oil Limited

2nd Respondent

Kishe Auction Mart Co. Limited

3rd Respondent

Mubezi Brian Lukwabe

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Maintenance of Status Quo (interim Order)

Legal Issues

  1. 1 Whether the application for maintenance of status quo is legally tenable under the circumstances
  2. 2 Whether the court can issue a status quo order to prevent registration of the 4th respondent as owner after execution of decree

Ratio Decidendi

The application for maintenance of status quo is misconceived because the decree in Commercial Case No.54 of 2015 has already been executed by sale of the property to the 4th respondent. The proper remedy would have been stay of execution if execution was incomplete, or objection proceedings. A status quo order cannot be issued to bind the Registrar of Titles who is not a party, nor can it reverse a completed execution. Therefore, the application is dismissed for lack of merit.

Court Disposition

Application dismissed

Orders

  • Application dismissed in its entirety
  • No order as to costs