abbas awes omar vs dezo civil contractors co ltd another 2022 tzhclandd 12578 24 november 2022

abbas awes omar vs dezo civil contractors co ltd another 2022 tzhclandd 12578 24 november 2022

The court has jurisdiction to entertain the matter as the claims arise from mortgage transactions and relate to land, and paragraph 10 alone is insufficient to rule out jurisdiction.

Citation
abbas awes omar vs dezo civil contractors co ltd another 2022 tzhclandd 12578 24 november 2022
Parties
Plaintiff: Abbas Awes Omar; 1st Defendant: Dezo Civil Contractors Co. Ltd; 2nd Defendant: Diamond Trust Bank Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 November 2022
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
preliminary objection overruled with costs
Legal Topics
Jurisdiction, Mortgage, Preliminary Objection
Source Language
English
Land Law Civil Procedure Jurisdiction Mortgage Preliminary Objection

Case Brief

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Parties

Abbas Awes Omar

Plaintiff

Dezo Civil Contractors Co. Ltd

1st Defendant

Diamond Trust Bank Tanzania Limited

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court (Land Division) has jurisdiction to entertain the present matter based on the claims in the plaint

Ratio Decidendi

The court has jurisdiction to entertain the matter as the claims arise from mortgage transactions and relate to land, and paragraph 10 alone is insufficient to rule out jurisdiction.

Court Disposition

preliminary objection overruled with costs

Orders

  • preliminary objection dismissed
  • costs awarded to plaintiff