20200226 TZHC Dar es Salaam 1

20200226 TZHC Dar es Salaam 1

The 1st and 2nd Respondents were not parties to the original proceedings in which the status quo order was granted, were not served with the order, and there is no evidence of breach. Therefore, they cannot be held in contempt of court for the alleged disobedience.

Citation
20200226 TZHC Dar es Salaam 1
Parties
Applicant: MSAE INVESTMENT CO. LTD; 1st Respondent: ELIUS A. MWAKALINGA; 2nd Respondent: SCHOLASTICA CHRISTINA KEVELA; 3rd Respondent: THE COMMISSIONER FOR LANDS; 4th Respondent: THE REGISTRAR OF TITLES; 5th Respondent: TANZANIA BUILDING AGENCY; 6th Respondent: THE HON. ATTORNEY GENERAL
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Contempt of Court
Outcome
Application dismissed
Legal Topics
Contempt of Court, Status Quo Orders, Party Locus Standi
Source Language
English
Civil Procedure Contempt of Court Status Quo Orders Party Locus Standi

Case Brief

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Parties

MSAE INVESTMENT CO. LTD

Applicant

ELIUS A. MWAKALINGA

1st Respondent

SCHOLASTICA CHRISTINA KEVELA

2nd Respondent

THE COMMISSIONER FOR LANDS

3rd Respondent

THE REGISTRAR OF TITLES

4th Respondent

TANZANIA BUILDING AGENCY

5th Respondent

THE HON. ATTORNEY GENERAL

6th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Contempt of Court

Legal Issues

  1. 1 Whether the 1st and 2nd Respondents can be held in contempt of court for alleged breach of a status quo order issued on 24th February 2017

Ratio Decidendi

The 1st and 2nd Respondents were not parties to the original proceedings in which the status quo order was granted, were not served with the order, and there is no evidence of breach. Therefore, they cannot be held in contempt of court for the alleged disobedience.

Court Disposition

Application dismissed

Orders

  • The entire application is dismissed.
  • No order as to costs.