20120717 TZHC Dar es Salaam 1

20120717 TZHC Dar es Salaam 1

The plaint fails to disclose facts showing the court's jurisdiction as required by Order VII Rule 1(f) of the Civil Procedure Code, making the suit incompetent. However, the defect does not go to the root of the dispute to warrant striking out; instead, the plaintiff is ordered to amend the plaint to comply with the legal requirements.

Citation
20120717 TZHC Dar es Salaam 1
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

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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 court has jurisdiction to grant the prayers sought in the plaint
  2. 2 Whether the plaint complies with Order VII Rule 1(f) of the Civil Procedure Code

Ratio Decidendi

The plaint fails to disclose facts showing the court's jurisdiction as required by Order VII Rule 1(f) of the Civil Procedure Code, making the suit incompetent. However, the defect does not go to the root of the dispute to warrant striking out; instead, the plaintiff is ordered to amend the plaint to comply with the legal requirements.

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) of the Civil Procedure Code.