abuu sadiki lema vs ilala municipal director 3 others 2022 tzhclandd 12480 24 october 2022

The suit was struck out because the Plaintiff sued non-existent and wrong parties, and failed to serve the mandatory notice to the proper legal entity, which are incurable defects under the law.

Citation: abuu sadiki lema vs ilala municipal director 3 others 2022 tzhclandd 12480 24 october 2022
Parties: Plaintiff: Abuu Sadiki Lema; 1st Defendant: Ilala Municipal Director; 2nd Defendant: Director General, Tanzania Airports Authority; 3rd Defendant: Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 24 October 2022
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Suit struck out for being incompetent due to wrong and non-existent parties and failure to serve proper notice.
Legal Topics: Impleading Proper Parties, Corporate Legal Personality, Notice of Intention to Sue, Striking Out Suits, Overriding Objective Principle
Source Language: English

Civil Procedure Local Government Law Land Law Impleading Proper Parties Corporate Legal Personality Notice of Intention to Sue Striking Out Suits Overriding Objective Principle

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Abuu Sadiki Lema

Plaintiff

Ilala Municipal Director

1st Defendant

Director General, Tanzania Airports Authority

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is maintainable for impleading wrong and non-existent parties
2 Whether proper notice was served to the correct legal entity
3 Whether the omission of proper parties can be cured by amendment or overriding objective principle

Ratio Decidendi

The suit was struck out because the Plaintiff sued non-existent and wrong parties, and failed to serve the mandatory notice to the proper legal entity, which are incurable defects under the law.

Court Disposition

Suit struck out for being incompetent due to wrong and non-existent parties and failure to serve proper notice.

Orders

Land Case No. 114 of 2022 is struck out.
Plaintiff to pay half the costs of the case, taxable by the Taxing Master.