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IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO. 5366 OF 2024 AHMAD MOHAMED MTUNDU PLAINTIFF VERSUS HELIOS TOWERS DEFENDANT RULING 17"^ to 31=' July, 2024 E.B. LUVANDA,1 The Defendant named above raised a preliminary objection vide a notice embedded into his written statement of defence: That, the suit violates the mandatory provisions of Order VII rule 1(e) of the Civil Procedure Code, Cap 33 R.E. 2019 for failure to disclose a cause of action against the Defendant. The argument of Mr. Wilson Mukebezi learned Counsel for Defendant is that in a letter dated 16/01/2023 annexure A2 pleaded at paragraph six of the plaint, establishes facts relating to a cause of action between HTT Infraco Limited and Marko Kaghembe and not the Defendant. He further expounded that exhibit (sic, annexure) A2 in the plaint clearly states that HTT Infraco Limited is a private company registered in Tanzania registered No. 80244 and Helios Tower Tanzania is a private company registered in Tanzania registered No. 74177. He argued that the Defendant herein and HTT Infraco Limited are two separate entities. He submitted that the Defendant has been wrongly enjoined in the complaint. In response, Mr. Ayoub Rashid learned Counsel for the Plaintiff submitted that they sued the right company, arguing that is why they have been able to respond to his claim. He submitted that the Plaintiff sued the Defendant known as Helios Towers Tanzania or in short form HTT. He submitted that the Defendant and HTT Infraco Limited are two companies which share the same roof. Going by a letter Ref. No. HTT/LEGAL/10/01/2023 dated 16/01/2023 annexure A2 to the plaint, reflects the headed paper of Helios Tower, at the extreme bottom it is where it indicates facts that HTT Infraco Limited is a private company registered in Tanzania registered No. 80244 and Helios Towers Tanzania is a private company registered in Tanzania registered No. 74177. It is to be noted that a letter dated 16/01/2023 annexure A2 to the plaint, was a response to the Plaintiff's demand notice dated 20/12/2023 which was addressed to the Executive Director Zantel/Tigo Limited and copied to the Defendant. In a letter dated 16/01/2023, at the second paragraph, it reads. We HIT Infraco Limited, being copied to in the above mentioned ietter and current owners of the tower referred in your ietter...' In further response, the author said they are introducing their landlord by the name Mr. Marko Kaghembe, to the Plaintiff. Order VII rule 11 Cap 33 (supra), with marginal notes rejection of the plaint, provides, I bold portion of interest to me. The piaintshaii be rejected in the foiiowing cases- (a) where it does not disciose a cause ofaction; (b) where the reiief ciaimed in undervaiued and the piaintiff, on being required by the court to correct the vaiuation within a time to be fixed by the court, faiis to do so; (c) where the suit appears from the statement in the piaint to be barred by any iaw: Provided that where a piaint does not disciose a cause ofaction or where the suitappearsfrom the statementin piaint to be barred by any iaw and the court is satisfied thatifthe piaintiffis permitted to amend the piaint, the piaint wiii disciose a cause ofaction or, as the case may be, the suit wiii cease to appear from the piaint to be barred by any iaw, the court may aiiow the piaintiff to amend the piaint subject to such conditions as to costs or otherwise as the court may deem fit to impose' For that matter, I order the Plaintiff to amend the piaint to implead those parties whom according to a letter of the Defendant they are necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The amended plaint to be filed on 09/08/2028. Mention on 12/08/2024 at 10.30 hours. The preliminary objection is technically overruled. No order for costs. couj^r o o E. 4. LUVANDA Jl^GE 31/07/2024 \ D Ruling delivered in the presence/bf the Plaintiff, Mr. Denice Machui learned Advocate for the Defendant alsw holding brief for Mr. Ayoub Rashid learned Counsel for The Plaintiff. CO 6 E. B. LI^NDA ^GE UI07I202A Prvist^