HUDAA NASSOR TWO scanned

HUDAA NASSOR TWO scanned

The counter claim failed to plead a statement of the value of the subject matter for the purpose of jurisdiction as required by Order VII Rule 1(i) of the Civil Procedure Code. The alleged value in paragraph fifteen was insufficient and did not amount to compliance. Without this statement, the Court cannot be certain it has jurisdiction. The second preliminary objection regarding self-representation was not properly pleaded and is struck out.

Citation
HUDAA NASSOR TWO scanned
Parties
Plaintiff to Counter Claim / Defendant in Main Suit: Hudaa Nassor Salum; Defendant to Counter Claim / Plaintiff in Main Suit: Leonardo Rigoni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Case (counter Claim) / Ruling on Preliminary Objection
Outcome
Counter claim struck out; first preliminary objection sustained; second preliminary objection struck out; no order as to costs.
Legal Topics
Jurisdiction, Pleading Requirements, Self Representation, Counter Claim
Source Language
English
Civil Procedure Land Law Jurisdiction Pleading Requirements Self Representation Counter Claim

Case Brief

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Parties

Hudaa Nassor Salum

Plaintiff to Counter Claim / Defendant in Main Suit

Leonardo Rigoni

Defendant to Counter Claim / Plaintiff in Main Suit

Procedural Posture

Land Case (counter Claim) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter claim complies with Order VII Rule 1(i) of the Civil Procedure Code by stating the value of the subject matter for jurisdiction
  2. 2 Whether documents drawn by a self-represented litigant are invalid under section 39 of the Advocates Act

Ratio Decidendi

The counter claim failed to plead a statement of the value of the subject matter for the purpose of jurisdiction as required by Order VII Rule 1(i) of the Civil Procedure Code. The alleged value in paragraph fifteen was insufficient and did not amount to compliance. Without this statement, the Court cannot be certain it has jurisdiction. The second preliminary objection regarding self-representation was not properly pleaded and is struck out.

Court Disposition

Counter claim struck out; first preliminary objection sustained; second preliminary objection struck out; no order as to costs.

Orders

  • Counter claim struck out
  • Second preliminary objection struck out