yusufu shabani matimbwa and another vs dascar ltd and another 2020 tzhccomd 2036 24 september 2020

yusufu shabani matimbwa and another vs dascar ltd and another 2020 tzhccomd 2036 24 september 2020

The High Court cannot grant an eviction order in respect of the property because there is a subsisting stay of execution order from the Court of Appeal pending determination of Appeal No. 147 of 2020. The applicant's status as a bona-fide purchaser is not disputed, but the superior court's order takes precedence and must be observed.

Citation
yusufu shabani matimbwa and another vs dascar ltd and another 2020 tzhccomd 2036 24 september 2020
Parties
Applicant: Yusufu Shabani Matimbwa; Decree Holder: Exim Bank (T) Limited; 1st Respondent: Dascar Limited; 2nd Respondent: Johan Harald Christern Abrahimsson
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 September 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Eviction Order
Outcome
Application dismissed without costs
Legal Topics
Eviction, Bona Fide Purchaser Protection, Stay of Execution, Execution of Decree, Land Title Transfer
Source Language
English
Civil Procedure Property Law Banking Law Eviction Bona Fide Purchaser Protection Stay of Execution Execution of Decree Land Title Transfer

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Parties

Yusufu Shabani Matimbwa

Applicant

Exim Bank (T) Limited

Decree Holder

Dascar Limited

1st Respondent

Johan Harald Christern Abrahimsson

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Eviction Order

Legal Issues

  1. 1 Whether the applicant as a bona-fide purchaser is entitled to an eviction order against the 2nd respondent despite a stay of execution order by the Court of Appeal

Ratio Decidendi

The High Court cannot grant an eviction order in respect of the property because there is a subsisting stay of execution order from the Court of Appeal pending determination of Appeal No. 147 of 2020. The applicant's status as a bona-fide purchaser is not disputed, but the superior court's order takes precedence and must be observed.

Court Disposition

Application dismissed without costs