ms gem properties limited vs msindika stores limited and 8 others 2021 tzhclandd 848 4 november 2021

ms gem properties limited vs msindika stores limited and 8 others 2021 tzhclandd 848 4 november 2021

The application for stay of execution is struck out as it has become redundant following the withdrawal of Execution No. 84/2019, which was its basis. Respondents' failure to file a corrected counter affidavit and comply with court orders further supports striking out the application.

Citation
ms gem properties limited vs msindika stores limited and 8 others 2021 tzhclandd 848 4 november 2021
Parties
Applicant: M/S GEM PROPERTIES LIMITED; Respondent: MSINDIKA STORES LIMITED; Respondent: CHAMIKO LIMITED; Respondent: SHAJI TRADERS LIMITED; Respondent: TANZANIA VIFAA LIMITED; Respondent: MABATIPAINT HOUSE (1996) LIMITED; Respondent: MUNTAZIR HARDWARE STORES LIMITED; Respondent: NUREEN'S DISPENSING CHEMISTS LIMITED; Respondent: MAPENDO STORES LIMITED; Respondent: NEW HARDWARE STORES LIMITED; Respondent: NATIONAL HOUSING CORPORATION
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 November 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application struck out without costs
Legal Topics
Stay of Execution, Abuse of Court Process, Striking Out Pleadings
Source Language
English
Land Law Civil Procedure Stay of Execution Abuse of Court Process Striking Out Pleadings

Case Brief

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Parties

M/S GEM PROPERTIES LIMITED

Applicant

MSINDIKA STORES LIMITED

Respondent

CHAMIKO LIMITED

Respondent

SHAJI TRADERS LIMITED

Respondent

TANZANIA VIFAA LIMITED

Respondent

MABATIPAINT HOUSE (1996) LIMITED

Respondent

MUNTAZIR HARDWARE STORES LIMITED

Respondent

NUREEN'S DISPENSING CHEMISTS LIMITED

Respondent

MAPENDO STORES LIMITED

Respondent

NEW HARDWARE STORES LIMITED

Respondent

NATIONAL HOUSING CORPORATION

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable after withdrawal of the underlying execution case
  2. 2 Effect of respondents' failure to file corrected counter affidavit
  3. 3 Whether the court's order for maintenance of status quo remains relevant

Ratio Decidendi

The application for stay of execution is struck out as it has become redundant following the withdrawal of Execution No. 84/2019, which was its basis. Respondents' failure to file a corrected counter affidavit and comply with court orders further supports striking out the application.

Court Disposition

Application struck out without costs

Orders

  • Application struck out
  • No order as to costs