amos gisunte sererya vs tarime district council another 2019 tzhc 2073 31 january 2019

The plaint does not disclose a cause of action as the caveat was not pleaded, and the suit is time-barred under the applicable limitation laws; therefore, the plaint must be rejected.

Citation: amos gisunte sererya vs tarime district council another 2019 tzhc 2073 31 january 2019
Parties: Plaintiff: Amos Gisunte Sererya; 1st Defendant: Tarime District Council; 2nd Defendant: Athumani Omary Akalama
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 January 2019
Procedural Posture: Land Case / Ruling on Preliminary Objection and Cause of Action
Outcome: Plaint rejected for want of cause of action and being time-barred.
Legal Topics: Caveat, Limitation of Actions, Cause of Action, Land Registration
Source Language: English

Land Law Civil Procedure Caveat Limitation of Actions Cause of Action Land Registration

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Parties

Amos Gisunte Sererya

Plaintiff

Tarime District Council

1st Defendant

Athumani Omary Akalama

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection and Cause of Action

Legal Issues

1 Whether the plaint discloses a cause of action
2 Whether the suit is time-barred
3 Proper procedure for challenging a caveat under Land Registration Act

Ratio Decidendi

The plaint does not disclose a cause of action as the caveat was not pleaded, and the suit is time-barred under the applicable limitation laws; therefore, the plaint must be rejected.

Court Disposition

Plaint rejected for want of cause of action and being time-barred.

Orders

Plaint rejected under Order VII rule 11(a) Civil Procedure Code.
Order made in terms of rule 12 to reject the plaint.