PAZI SAFII

PAZI SAFII

The plaint does not disclose a cause of action against the 1st, 3rd, 4th, 5th, 6th, and 7th defendants as there are no factual allegations requiring proof by the plaintiff for him to succeed in his suit. Therefore, the preliminary objection is sustained and the plaint is rejected with costs.

Citation
PAZI SAFII
Parties
Plaintiff: Abdallah Juma Ali; 1st Defendant: Hamisi Bushiri Pazi; 2nd Defendant: Kassim Ally Omari (as administrator of Tatu Bushiri Pazi); 3rd Defendant: Hamis Bushiri Pazi (as administrator of Neema Bushiri Pazi); 4th Defendant: Hamisi Bushiri Pazi (as administrator of Mwajuma Bushiri Pazi); 5th Defendant: Stumai Bushiri Pazi; 6th Defendant: Salima Bushiri Pazi; 7th Defendant: Hatujuani Bushiri Pazi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 October 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Plaint rejected with costs
Legal Topics
Cause of Action, Preliminary Objection, Pleading Requirements, Rejection of Plaint
Source Language
English
Civil Procedure Contract Law Cause of Action Preliminary Objection Pleading Requirements Rejection of Plaint

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Parties

Abdallah Juma Ali

Plaintiff

Hamisi Bushiri Pazi

1st Defendant

Kassim Ally Omari (as administrator of Tatu Bushiri Pazi)

2nd Defendant

Hamis Bushiri Pazi (as administrator of Neema Bushiri Pazi)

3rd Defendant

Hamisi Bushiri Pazi (as administrator of Mwajuma Bushiri Pazi)

4th Defendant

Stumai Bushiri Pazi

5th Defendant

Salima Bushiri Pazi

6th Defendant

Hatujuani Bushiri Pazi

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 1st, 3rd, 4th, 5th, 6th, and 7th defendants

Ratio Decidendi

The plaint does not disclose a cause of action against the 1st, 3rd, 4th, 5th, 6th, and 7th defendants as there are no factual allegations requiring proof by the plaintiff for him to succeed in his suit. Therefore, the preliminary objection is sustained and the plaint is rejected with costs.

Court Disposition

Plaint rejected with costs

Orders

  • The preliminary objection is sustained.
  • The plaint is rejected with costs.