augustine george and another vs ubungo municipal council and attorney general 2021 tzhclandd 93 22 april 2021

augustine george and another vs ubungo municipal council and attorney general 2021 tzhclandd 93 22 april 2021

The preliminary objection regarding cause of action requires evidence and cannot be determined at the stage of application for leave to file a representative suit; thus, the objection is unmaintainable at this stage.

Citation
augustine george and another vs ubungo municipal council and attorney general 2021 tzhclandd 93 22 april 2021
Parties
Applicant: Augustine George; Applicant: Anny Kobero; Respondent: Ubungo Municipal Council; Respondent: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 April 2021
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Representative Suits, Preliminary Objections, Cause of Action
Source Language
English
Civil Procedure Land Law Representative Suits Preliminary Objections Cause of Action

Case Brief

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Parties

Augustine George

Applicant

Anny Kobero

Applicant

Ubungo Municipal Council

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicants have a cause of action against the first respondent at this stage
  2. 2 Whether the issue of cause of action can be determined as a preliminary point of law in an application for leave to file a representative suit

Ratio Decidendi

The preliminary objection regarding cause of action requires evidence and cannot be determined at the stage of application for leave to file a representative suit; thus, the objection is unmaintainable at this stage.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicants