obeid vs mpinga 2007 tzhc 19 16 november 2007

obeid vs mpinga 2007 tzhc 19 16 november 2007

The High Court lacks jurisdiction under section 79(1) and (3) of the Land Registration Ordinance, Cap 334, to direct the Registrar of Titles to enter an injunction or to restrain the Respondent from transferring the disputed plot, as such powers are vested in the Registrar and only reviewable by the High Court after the Registrar has acted. The application is improperly before the court and must be struck out.

Citation
obeid vs mpinga 2007 tzhc 19 16 november 2007
Parties
Applicant: Sherbanu Abdallah Obeid; Respondent: Amina Ibrahimu Mpinga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 November 2007
Procedural Posture
Chamber Summons Application / Ruling on Interlocutory Application
Outcome
Application struck out with costs
Legal Topics
Injunctions, Land Registration, Jurisdiction, Enforcement of Court Orders
Source Language
English
Civil Procedure Land Law Injunctions Land Registration Jurisdiction Enforcement of Court Orders

Case Brief

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Parties

Sherbanu Abdallah Obeid

Applicant

Amina Ibrahimu Mpinga

Respondent

Procedural Posture

Chamber Summons Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to direct the Registrar of Titles not to register a contested title under section 79 of the Land Registration Ordinance, Cap 334
  2. 2 Whether the High Court can restrain the Respondent from transferring or selling the disputed plot when a subordinate court has already issued such an order

Ratio Decidendi

The High Court lacks jurisdiction under section 79(1) and (3) of the Land Registration Ordinance, Cap 334, to direct the Registrar of Titles to enter an injunction or to restrain the Respondent from transferring the disputed plot, as such powers are vested in the Registrar and only reviewable by the High Court after the Registrar has acted. The application is improperly before the court and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out as improperly before the court
  • Costs awarded to the Respondent