SCANED15384 OF 2024

SCANED15384 OF 2024

Failure to properly describe the suit property renders the plaint defective and the suit incompetent ab initio.

Citation
SCANED15384 OF 2024
Parties
1st Plaintiff: Jocelyne E. M Kilima; 2nd Plaintiff: Michael Mkilima; 3rd Plaintiff: Salome Emmanuel Aidan Mkilima; 4th Plaintiff: Olivia Emmanuel Aidan Mkilima; 1st Defendant: Julian Kadiri; 2nd Defendant: Runto Company Limited; 3rd Defendant: Frank Luhanga; 4th Defendant: Amary Katishi; 5th Defendant: Adili Auction Mart Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out as incompetent
Legal Topics
Defective Plaint, Description of Immovable Property, Order VII Rule 3 CPC
Source Language
English
Civil Procedure Land Law Defective Plaint Description of Immovable Property Order VII Rule 3 CPC

Case Brief

Summary, issues, holding and outcome

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Parties

Jocelyne E. M Kilima

1st Plaintiff

Michael Mkilima

2nd Plaintiff

Salome Emmanuel Aidan Mkilima

3rd Plaintiff

Olivia Emmanuel Aidan Mkilima

4th Plaintiff

Julian Kadiri

1st Defendant

Runto Company Limited

2nd Defendant

Frank Luhanga

3rd Defendant

Amary Katishi

4th Defendant

Adili Auction Mart Company Limited

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint sufficiently describes the suit property as required by Order VII Rule 3 of the Civil Procedure Code

Ratio Decidendi

Failure to properly describe the suit property renders the plaint defective and the suit incompetent ab initio.

Court Disposition

Suit struck out as incompetent

Orders

  • Entire suit struck out
  • No order as to costs