gloria kyonjola vs age investment ltd another 2012 tzhc 103 17 july 2012

gloria kyonjola vs age investment ltd another 2012 tzhc 103 17 july 2012

The suit concerns the validity of a mortgage over land, which is a land matter within the court's jurisdiction. However, the plaint fails to comply with Order VII Rule 1(f) of the Civil Procedure Code by not stating facts showing jurisdiction, using only a 'magical clause.' This defect renders the suit incompetent, but does not warrant striking out; instead, the plaintiff is ordered to amend the plaint to comply with the law.

Citation
gloria kyonjola vs age investment ltd another 2012 tzhc 103 17 july 2012
Parties
Applicant/plaintiff: Gloria Kyonjola; 1st Respondent/defendant: AGE Investment Ltd; 2nd Respondent/defendant: International Commercial Bank (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 July 2012
Procedural Posture
Land Case / Ruling on Preliminary Objection to Application for Temporary Injunction
Outcome
Preliminary objection sustained in part; plaintiff ordered to amend plaint
Legal Topics
Jurisdiction, Pleadings, Mortgage, Temporary Injunction
Source Language
English
Civil Procedure Land Law Jurisdiction Pleadings Mortgage Temporary Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gloria Kyonjola

Applicant/plaintiff

AGE Investment Ltd

1st Respondent/defendant

International Commercial Bank (T) Ltd

2nd Respondent/defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection to Application for Temporary Injunction

Legal Issues

  1. 1 Whether the High Court (Land Division) has jurisdiction over the suit based on the reliefs sought
  2. 2 Whether the plaint complies with Order VII Rule 1(f) of the Civil Procedure Code regarding jurisdictional facts

Ratio Decidendi

The suit concerns the validity of a mortgage over land, which is a land matter within the court's jurisdiction. However, the plaint fails to comply with Order VII Rule 1(f) of the Civil Procedure Code by not stating facts showing jurisdiction, using only a 'magical clause.' This defect renders the suit incompetent, but does not warrant striking out; instead, the plaintiff is ordered to amend the plaint to comply with the law.

Court Disposition

Preliminary objection sustained in part; plaintiff ordered to amend plaint

Orders

  • Plaintiff to amend the plaint to comply with Order VII Rule 1(f) Civil Procedure Code Cap 33 R.E 2002
  • Application for temporary injunction not granted at this stage