oilcom tanzania limited vs the registered trustee of the evangelist assemblies of god tanzania 2 others 2022 tzhclandd 12791 21 december 2022

oilcom tanzania limited vs the registered trustee of the evangelist assemblies of god tanzania 2 others 2022 tzhclandd 12791 21 december 2022

Objection proceedings are not the proper forum to challenge an eviction order where the applicant's title has already been declared unlawful by a prior court decision; the application is misconceived and must be dismissed.

Source-derived case information.

Citation
oilcom tanzania limited vs the registered trustee of the evangelist assemblies of god tanzania 2 others 2022 tzhclandd 12791 21 december 2022
Parties
Applicant: Oilcom Tanzania Limited; 1st Respondent: The Registered Trustee of the Evangelistic Assemblies of God Tanzania; 2nd Respondent: The Commissioner for Lands; 3rd Respondent: Hawa Mtumwa Selemani (As Administrator of the Estate of the Late Mtumwa Selemani); 5th Respondent: Stanley J. Klvela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Objection Proceedings
Outcome
Application dismissed
Legal Topics
Objection Proceedings, Execution of Decree, Eviction, Title Investigation
Source Language
english
Land Law Civil Procedure Objection Proceedings Execution of Decree Eviction Title Investigation

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Parties

Oilcom Tanzania Limited

Applicant

The Registered Trustee of the Evangelistic Assemblies of God Tanzania

1st Respondent

The Commissioner for Lands

2nd Respondent

Hawa Mtumwa Selemani (As Administrator of the Estate of the Late Mtumwa Selemani)

3rd Respondent

Stanley J. Klvela

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Objection Proceedings

Legal Issues

  1. 1 Whether objection proceedings can be invoked against an eviction order rather than attachment and sale
  2. 2 Whether the applicant is entitled to orders restraining eviction and releasing property from execution

Ratio Decidendi

Objection proceedings are not the proper forum to challenge an eviction order where the applicant's title has already been declared unlawful by a prior court decision; the application is misconceived and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed for being devoid of merit
  • Costs to follow the event