raduan shercali vs lilian joseph ogutu others 2018 tzhclandd 461 16 august 2018
The order for maintenance of status quo was ambiguous and not specifically intended to prevent the 1st respondent from collecting rent; therefore, the 1st respondent cannot be found guilty of contempt as the alleged disobeyed order was not clear or specific.
- Citation
- raduan shercali vs lilian joseph ogutu others 2018 tzhclandd 461 16 august 2018
- Parties
- Applicant: Radvan Shercali; 1st Respondent: Lilian Joseph Ogutu; 2nd Respondent: CRDN Bank PLC; 3rd Respondent: KCB Bank Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 16 August 2018
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Contempt of Court
- Outcome
- Application dismissed with costs
- Legal Topics
- Contempt of Court, Maintenance of Status Quo, Interim Orders, Matrimonial Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Radvan Shercali
Applicant
Lilian Joseph Ogutu
1st Respondent
CRDN Bank PLC
2nd Respondent
KCB Bank Limited
3rd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Contempt of Court
Legal Issues
- 1 Whether the 1st respondent was in contemptuous breach of the order for maintenance of status quo
Ratio Decidendi
The order for maintenance of status quo was ambiguous and not specifically intended to prevent the 1st respondent from collecting rent; therefore, the 1st respondent cannot be found guilty of contempt as the alleged disobeyed order was not clear or specific.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed
- Costs awarded to the respondents
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment