ally musa mgulu and another vs peter peter junior and 3 others 2021 tzhclandd 6727 4 october 2021

ally musa mgulu and another vs peter peter junior and 3 others 2021 tzhclandd 6727 4 october 2021

The preliminary objections failed because the issue of the 3rd defendant's capacity requires evidence, the parties and subject matter in the alleged pending applications are not the same as in the present suit, and the alleged time bar is not established on the face of the plaint, as the cause of action is pleaded to have arisen in 2019.

Citation
ally musa mgulu and another vs peter peter junior and 3 others 2021 tzhclandd 6727 4 october 2021
Parties
Plaintiff: Ally Musa Mgulu; Plaintiff: Omary Shabani Ramadhani; Defendant: Peter Peter Junior; Defendant: Samwel William Kiloba; Defendant: Peter Paulo Maro; Defendant: Willhem Erio
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Preliminary Objection, Locus Standi, Res Sub Judice, Limitation of Actions
Source Language
English
Civil Procedure Land Law Preliminary Objection Locus Standi Res Sub Judice Limitation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Ally Musa Mgulu

Plaintiff

Omary Shabani Ramadhani

Plaintiff

Peter Peter Junior

Defendant

Samwel William Kiloba

Defendant

Peter Paulo Maro

Defendant

Willhem Erio

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is fatally defective for suing a wrong party in law
  2. 2 Whether the suit is unmaintainable for being res sub judice
  3. 3 Whether the suit is time barred

Ratio Decidendi

The preliminary objections failed because the issue of the 3rd defendant's capacity requires evidence, the parties and subject matter in the alleged pending applications are not the same as in the present suit, and the alleged time bar is not established on the face of the plaint, as the cause of action is pleaded to have arisen in 2019.

Court Disposition

Preliminary objections dismissed

Orders

  • Preliminary objections dismissed
  • Costs shall be in the cause