baddi twaha ally vs crdb bank plc another 2023 tzhclandd 17011 25 september 2023

baddi twaha ally vs crdb bank plc another 2023 tzhclandd 17011 25 september 2023

The suit does not constitute a land dispute as the plaintiff seeks refund of money paid for purchase, not conflicting claims to rights in land. The Land Division lacks jurisdiction to entertain non-land matters.

Citation
baddi twaha ally vs crdb bank plc another 2023 tzhclandd 17011 25 september 2023
Parties
Plaintiff: Baddi Twaha Ally; 1st Defendant: CRDB Bank PLC; 2nd Defendant: Bani Investment Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 September 2023
Procedural Posture
Land Case / Preliminary Objection Ruling
Outcome
suit struck out
Legal Topics
Forum Selection, Land Disputes, Refund Claims
Source Language
English
Civil Procedure Jurisdiction Forum Selection Land Disputes Refund Claims

Case Brief

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Parties

Baddi Twaha Ally

Plaintiff

CRDB Bank PLC

1st Defendant

Bani Investment Limited

2nd Defendant

Procedural Posture

Land Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the Land Division of the High Court has jurisdiction to entertain the suit given the nature of the dispute

Ratio Decidendi

The suit does not constitute a land dispute as the plaintiff seeks refund of money paid for purchase, not conflicting claims to rights in land. The Land Division lacks jurisdiction to entertain non-land matters.

Court Disposition

suit struck out

Orders

  • The entire suit is struck out without costs.