Abdalah Ally Chabwela 508 Others vs Burugu Mkoma 7 Others

Abdalah Ally Chabwela 508 Others vs Burugu Mkoma 7 Others

The suit is struck out because the plaint fails to specifically describe the disputed property, making it impossible to identify or locate the land as required by law.

Citation
Abdalah Ally Chabwela 508 Others vs Burugu Mkoma 7 Others
Parties
Plaintiffs: Abdalah Ally Chabwela & 508 Others; 1st Defendant: Burugu Mkoma; 2nd Defendant: Dila Manamba; 3rd Defendant: Kang'win A Matinde; 4th Defendant: Kulwa Sosela; 5th Defendant: Luhigo Nhenengo; 6th Defendant: Makalanga Manyota; 7th Defendant: Mkoma Charles; 8th Defendant: Mlekwa Makolesi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out
Legal Topics
Description of Suit Land, Pleading Requirements, Mediation Certificate, Signing of Pleadings
Source Language
English
Civil Procedure Land Law Description of Suit Land Pleading Requirements Mediation Certificate Signing of Pleadings

Case Brief

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Parties

Abdalah Ally Chabwela & 508 Others

Plaintiffs

Burugu Mkoma

1st Defendant

Dila Manamba

2nd Defendant

Kang'win A Matinde

3rd Defendant

Kulwa Sosela

4th Defendant

Luhigo Nhenengo

5th Defendant

Makalanga Manyota

6th Defendant

Mkoma Charles

7th Defendant

Mlekwa Makolesi

8th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint sufficiently describes the disputed land as required by law
  2. 2 Whether a certificate of mediation from the Ward Tribunal is mandatory for High Court land cases
  3. 3 Whether the plaint is defective for being signed only by the advocate

Ratio Decidendi

The suit is struck out because the plaint fails to specifically describe the disputed property, making it impossible to identify or locate the land as required by law.

Court Disposition

Suit struck out

Orders

  • Suit struck out for failure to specifically describe the disputed property
  • Costs to follow events