20140416 TZHC Dar es Salaam

20140416 TZHC Dar es Salaam

The defendant is not a registered body corporate under the Trustees Incorporation Act; therefore, it is a non-existent entity in law and a wrong party to be sued. The preliminary objection is upheld and the suit is not maintainable.

Citation
20140416 TZHC Dar es Salaam
Parties
Plaintiff: Abella Bertha Vidtfeldt; Defendant: The Registered Trustees of the Congregation of the Holy Ghost Epiphany Parish
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 April 2014
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out
Legal Topics
Preliminary Objection, Legal Capacity of Parties, Trustees Incorporation, Proper Party to Sue
Source Language
English
Civil Procedure Land Law Preliminary Objection Legal Capacity of Parties Trustees Incorporation Proper Party to Sue

Case Brief

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Parties

Abella Bertha Vidtfeldt

Plaintiff

The Registered Trustees of the Congregation of the Holy Ghost Epiphany Parish

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the defendant is a non-existent entity and a wrong party to be sued
  2. 2 Whether the preliminary objection qualifies as a point of law

Ratio Decidendi

The defendant is not a registered body corporate under the Trustees Incorporation Act; therefore, it is a non-existent entity in law and a wrong party to be sued. The preliminary objection is upheld and the suit is not maintainable.

Court Disposition

Suit struck out

Orders

  • Suit struck out for being instituted against a non-existent and wrong defendant