mtumwa binti salum rajabu vs jackson zephania ludingija 2001 tzhc 38 17 september 2001
The status quo order should remain in force to preserve the subject matter of the dispute until a legal representative for the deceased applicant is appointed, and the property should be guarded to prevent vandalism or waste, with costs borne by the deceased's estate.
Source-derived case information.
- Citation
- mtumwa binti salum rajabu vs jackson zephania ludingija 2001 tzhc 38 17 september 2001
- Parties
- Applicant: Mtijmwa Binti Salum Rajabu; Respondent: Jackson Zepiania Ludingija
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 September 2001
- Procedural Posture
- Civil Revision / Ruling on Interim Order and Procedural Direction
- Outcome
- Order of trial court to stand; property to be guarded; costs of security from deceased's estate; record returned to trial court for further proceedings after appointment of legal representative; each party to bear own costs.
- Legal Topics
- Status Quo Orders, Appointment of Legal Representative, Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mtijmwa Binti Salum Rajabu
Applicant
Jackson Zepiania Ludingija
Respondent
Procedural Posture
Civil Revision / Ruling on Interim Order and Procedural Direction
Legal Issues
- 1 Whether the status quo order restraining both parties from occupying the disputed premises should remain in force after the applicant's death
- 2 How to safeguard the property pending appointment of a legal representative
Ratio Decidendi
The status quo order should remain in force to preserve the subject matter of the dispute until a legal representative for the deceased applicant is appointed, and the property should be guarded to prevent vandalism or waste, with costs borne by the deceased's estate.
Court Disposition
Order of trial court to stand; property to be guarded; costs of security from deceased's estate; record returned to trial court for further proceedings after appointment of legal representative; each party to bear own costs.
Orders
- Status quo order restraining both parties from occupying the premises remains in force.
- Property to be guarded by security guards.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL REVISION NO.69 OF 2001 MTIJMWA BINTI SALUM RAJABU ................. APPLICANT Versus JACKSON ZEPIIANIA LUDINGIJA ............... RESPONDENT RULING CH1PETA, J.: T hese revisional proceedings w ere set in motion to exam ine the regularity o f the order made by the court below to the effect that a status quo be m aintained, that is, that each party be restrained from occupying the prem ises in dispute pending determ ination o f a certain application then before the court. W hen the m atter w as called on for hearing, the court w as told that the applicant had died and so the appointm ent o f a legal representative had to be aw aited. Having heard the learned advocates o f both sides, I think that the best course is to let the order o f the trial court to stand and rem ain in force. But in order to ensure that the property and anything within it is not exposed to vandalism or w aste, it is ordered that the property shall be guarded by security guards. Costs o f that duty shall be paid out o f the estate o f the deceased. The record o f the trial court shall be returned to that court for disposal o f any pending questions after a legal representative has been appointed. It is so ordered. Each party shall bear-4ts ow n costs. Ruling delivered in Cham bers 4 h ip ^ 7 lh day o f Septem ber, 2001. •JUDGE 17/9/2001