20100610 TZHC Dar es Salaam
The claim is founded on malicious prosecution, not on ownership of land. The request for restoration of property does not convert the dispute into a land matter. Therefore, the High Court has jurisdiction.
- Citation
- 20100610 TZHC Dar es Salaam
- Parties
- Plaintiff: Abisai Emanuel Pande; Plaintiff: Mary Massawe; Defendant: Inspector General of Police; Defendant: Hon. Attorney General; Defendant: Mariam Nassor Kisangi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 June 2010
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled
- Legal Topics
- Jurisdiction, Malicious Prosecution, Restoration of Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abisai Emanuel Pande
Plaintiff
Mary Massawe
Plaintiff
Inspector General of Police
Defendant
Hon. Attorney General
Defendant
Mariam Nassor Kisangi
Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the suit given the nature of the claims
Ratio Decidendi
The claim is founded on malicious prosecution, not on ownership of land. The request for restoration of property does not convert the dispute into a land matter. Therefore, the High Court has jurisdiction.
Court Disposition
Preliminary objection overruled
Orders
- No order as to costs
- First pre-trial conference fixed on 18/6/2010
Full Case Text
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