20170327 TZCA Dar es Salaam

20170327 TZCA Dar es Salaam

The present suit and counter claim are the proper forum for determination of the parties' rights as directed by the Court of Appeal; the matter should proceed on merits.

Citation
20170327 TZCA Dar es Salaam
Parties
Plaintiff: A. M. Steel and Iron Mills Ltd; 1st Defendant: Gregory Lugaila T/a Lugaila and Associates Advocates; 2nd Defendant: Fatima Fatehali Nazarali Jinah; Defendant in Counter Claim: Fatehali Habibu Versi Rajani
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 March 2017
Procedural Posture
Land Case / Ruling on Preliminary Point of Law Regarding Tenability of Suit and Counter Claim
Outcome
No order as to costs; matter to proceed on merits
Legal Topics
Ownership of Land, Probate and Administration, Counter Claim, Declaratory Orders, Eviction, Mesne Profits
Source Language
English
Land Law Civil Procedure Ownership of Land Probate and Administration Counter Claim Declaratory Orders Eviction Mesne Profits

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Parties

A. M. Steel and Iron Mills Ltd

Plaintiff

Gregory Lugaila T/a Lugaila and Associates Advocates

1st Defendant

Fatima Fatehali Nazarali Jinah

2nd Defendant

Fatehali Habibu Versi Rajani

Defendant in Counter Claim

Procedural Posture

Land Case / Ruling on Preliminary Point of Law Regarding Tenability of Suit and Counter Claim

Legal Issues

  1. 1 Whether the present suit and counter claim are tenable in light of the Court of Appeal decision in Civil Appeal No. 85 of 2014
  2. 2 Whether the transfer and ownership of the disputed property are valid

Ratio Decidendi

The present suit and counter claim are the proper forum for determination of the parties' rights as directed by the Court of Appeal; the matter should proceed on merits.

Court Disposition

No order as to costs; matter to proceed on merits

Orders

  • No order as to costs
  • Matter to proceed on merits