Sultan Bin Ali Bin Hilal El Esri versus Mohamed Hilel; Miscellaneous Commercial Cause No. 64 of 2014: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Contempt – two conflicting orders of the court affecting rights and duties of the parties – whether a party can pick and choose as between the two orders.
- Status quo – what is the lifespan of an order to maintain status quo?
- Status quo – what is the nature of an order to maintain status quo?
- Status quo - what is the effect of an order to maintain status quo?
- Interim injunction – difference between interim injunction and order to maintain status quo.
- Contempt – what is the penalty for contempt of court?
Held:-
(i) Where there exists two conflicting orders of the court affect the rights and duties of the parties to proceedings, in the absence of a clarification by the same court or a court of higher hierarchy, such litigant has no power to pick and choose as between two orders.
(ii) In law, an order to maintain status quo is not granted upon proof of rights. The proof of right is demonstrated during the hearing of the case where both sides may bring evidence. If not granted under the circumstances, the application may be rendered nugatory (Cited Acaste Corporation Ltd v. Mary Florent S. Mtetemela and 2 Others; Land Case No. 24 of 2012 (Unreported).
(iii) Where an order to maintain status quo is made, parties are compelled to desist from dealing with the property subject to the said order in any manner, irrespective of their titles thereto.
(iv) Lifespan of an order to maintain status quo is extended to the date when another order in that respect is made upon the determination of the main application for interim injunction pending hearing of the suit.
(v) An order to maintain status quo seeks to have the property / thing left / kept as it is at the date of issuance of such order. On the other hand, interim injunction order is often issued after a full scale hearing followed by a decision of the court.
(vi) The maximum punishment impose by provisions of section 114 of the Penal Code, Cap 16 for contempt of Court is TZS 500, or in default, to imprisonment for a term of six months in prison.