THE REGISTERED TRUSTEES MASIJD VRS COMMISSIONER FOR LAND AND OTHERS 222 Edit

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA AT BABATI MISC. LAND APPLICATION NO. 15648 OF 2024 (Original Land Case No. 14955 of 2024) THE REGISTERED TRUSTEES MASJID AL-AZHAL @ THE REGISTERED TRUSTEES OF MASJID AL-AZHAL AND MADRASAT AL-HAYATILISLAMIA.................................... APPLICANT VERSUS COMMISSIONER FOR LAND............................................. 1st RESPONDENT THE REGISTRAR OF TITLES...............................................2N0 RESPONDENT BABATI TOWN COUNCIL................................................... 3rd RESPONDENT ATTORNEY GENERAL......................................................... 4™ RESPONDENT THE REGISTERED TRUSTEES OF BARAZA KUU LA WAISLAMU WA TANZANIA (BAKWATA)............................................. 5th RESPONDENT RULING 10th July, 2024 KAMUZORA, J This application was brought under certificate of urgency under the provision of section 68 (c)(e) read together with section 95 and Order XXXVII Rule 1 (a)(b) and 4 of the CPC, Cap 33. The applicant in this application prays for the maintenance of the status quo restraining the 1st, 2nd and 3rd respondents, their agents, workmen, representatives or Page 1 of3 any other person acting under their instructions of whatsoever nature from alienating, rectifying, revoking the applicant's title over the property located at Plot No 24 Block H, Babati town registered with tittle number 9717 pending hearing and determination of the main suit, Land Case No. 14955 of 2024. The application is supported by the affidavit of Musa Rehani who is the secretary and principal officer of the applicant. When the application was first called in court on 05/07/2024, this court issued initial order of service to the respondent and an order to file counter affidavit on or before 10/07/2024. The applicant complied to order of service and the respondents are well represented before this court. However, no counter affidavit was filed In contesting the application. When the counsel for the respondents were asked to address this court, in the outset, they both conceded to the application. They informed this court that they did not file counter affidavit for they do not intend to contest the application thus, they urged this court to grant application pending hearing and determination of the main suit. I have considered the application and the submissions by the counsel for the parties. There is no doubt that there is a pending suit before this court, Land Case No. 14955 which is scheduled for first pre­ trial conference on 25th July, 2024. It is also clear that the order sought is Page 2 of 3 much relevant to the pending suit. Since the application is not disputed, for interest of justice, the same is hereby granted. All respondents, their agents, workmen, representatives or any other person acting under their instructions of whatsoever nature are hereby restrained from alienating, rectifying and or revoking the applicant's title over the property located at Plot No. 24 Block H, Babati town, registered with tittle number 9717 pending hearing and determination of the main suit, Land Case No. 14955 of 2024. In short, the application is granted with no order as to costs. DATED at BABATI this 10th Day of July, 2024 D.C. KAMUZORA JUDGE Page 3 of 3