MWATEX V REGISTRAR
The Registrar of Titles acted wrongly by rectifying the land register while an appeal was pending before the Court of Appeal; the principle of lis pendens applies, requiring maintenance of status quo until litigation concludes.
- Citation
- MWATEX V REGISTRAR
- Parties
- Appellant: MWATEX (2001) LTD; 1st Respondent: Registrar of Titles; 2nd Respondent: Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 2024
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rectification of Land Register, Pending Appeal, Powers of Registrar, Lis Pendens
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
MWATEX (2001) LTD
Appellant
Registrar of Titles
1st Respondent
Attorney General
2nd Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 Whether the Registrar of Titles can rectify the land register while an appeal is pending before the Court of Appeal of Tanzania
Ratio Decidendi
The Registrar of Titles acted wrongly by rectifying the land register while an appeal was pending before the Court of Appeal; the principle of lis pendens applies, requiring maintenance of status quo until litigation concludes.
Court Disposition
appeal allowed
Orders
- Rectification of land register in respect of Certificate of Title No. 18016 is cancelled.
- Parties to maintain status quo pending outcome of appeal before Court of Appeal of Tanzania.
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