SELEMAN JOHN VS BANK OF AFRICA T LTD MISC

SELEMAN JOHN VS BANK OF AFRICA T LTD MISC

The court held that since objection proceedings regarding the property are pending and the hearing date is imminent, maintaining the status quo would not cause undue injustice to the respondents. Therefore, the applicant's prayer for interim protection of the property was granted.

Citation
SELEMAN JOHN VS BANK OF AFRICA T LTD MISC
Parties
Applicant: Seleman John Mohamed; First Respondent: Bank of Africa Tanzania Ltd; Second Respondent: Micah Elifuraha Mrindoko t/a New Kilwa Rd Service Station; Third Respondent: Adili Auctionmart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2025
Procedural Posture
Miscellaneous Commercial Application / Ruling on Interim Relief Pending Objection Proceedings
Outcome
Application granted in part
Legal Topics
Stay of Execution, Objection Proceedings, Interim Relief
Source Language
English
Civil Procedure Commercial Law Stay of Execution Objection Proceedings Interim Relief

Case Brief

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Parties

Seleman John Mohamed

Applicant

Bank of Africa Tanzania Ltd

First Respondent

Micah Elifuraha Mrindoko t/a New Kilwa Rd Service Station

Second Respondent

Adili Auctionmart Limited

Third Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Interim Relief Pending Objection Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to an order maintaining status quo pending determination of objection proceedings

Ratio Decidendi

The court held that since objection proceedings regarding the property are pending and the hearing date is imminent, maintaining the status quo would not cause undue injustice to the respondents. Therefore, the applicant's prayer for interim protection of the property was granted.

Court Disposition

Application granted in part

Orders

  • Respondents, their agents, assignees, workers or any person acting on their behalf are restrained from alienating, selling, leasing, or taking possession of CT 186257/120 Plot No. 610 Block 47 Kijitonyama, Kinondoni Municipality – Dar es Salaam until completion of hearing and determination of the objection proceedings.
  • No order as to costs.