johari ibrahim chata another vs mpanda district council 3 others 2023 tzhc 21228 20 september 2023

johari ibrahim chata another vs mpanda district council 3 others 2023 tzhc 21228 20 september 2023

The court found that leave to amend the plaint was properly sought and granted, and that the 2nd plaintiff was joined by court order after the statutory notice was issued, making the requirement of notice inapplicable in these circumstances. Both preliminary objections lacked merit and were overruled.

Citation
johari ibrahim chata another vs mpanda district council 3 others 2023 tzhc 21228 20 september 2023
Parties
1st Plaintiff: Johari Ibrahim Chata; 2nd Plaintiff: David Kagoma Bahangaza; 1st Defendant: Mpanda District Council; 2nd Defendant: Donalt Lessery Tarimo; 3rd Defendant: The Attorney General, Zonal Office- Rukwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled with costs
Legal Topics
Amendment of Pleadings, Statutory Notice to Sue Government, Joinder of Parties, Preliminary Objections
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Statutory Notice to Sue Government Joinder of Parties Preliminary Objections

Case Brief

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Parties

Johari Ibrahim Chata

1st Plaintiff

David Kagoma Bahangaza

2nd Plaintiff

Mpanda District Council

1st Defendant

Donalt Lessery Tarimo

2nd Defendant

The Attorney General, Zonal Office- Rukwa

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the amended plaint was filed without leave of the court
  2. 2 Whether the 2nd plaintiff sued without issuing 90 days statutory notice of intention to sue

Ratio Decidendi

The court found that leave to amend the plaint was properly sought and granted, and that the 2nd plaintiff was joined by court order after the statutory notice was issued, making the requirement of notice inapplicable in these circumstances. Both preliminary objections lacked merit and were overruled.

Court Disposition

Preliminary objections overruled with costs

Orders

  • Both limbs of the preliminary objections are overruled with costs.