RULING BAZIL MAGOHE

RULING BAZIL MAGOHE

The plaint failed to provide a sufficient description of the suit property as required by Order VII Rule 3 of the Civil Procedure Code, rendering the suit incompetent and liable to be struck out.

Citation
RULING BAZIL MAGOHE
Parties
Plaintiff: Bazil Magohe; 1st Defendant: Juma Magune; 2nd Defendant: Angelina Rapahel @ Chomile Manyaki; 3rd Defendant: Serikali ya Mtaa wa Mwananchi; 4th Defendant: Mwanza City Council; 5th Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Description of Immovable Property in Plaint, Order VII Rule 3 Civil Procedure Code, Defective Plaint, Surveyed and Unsurveyed Land
Source Language
English
Civil Procedure Land Law Description of Immovable Property in Plaint Order VII Rule 3 Civil Procedure Code Defective Plaint Surveyed and Unsurveyed Land

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Parties

Bazil Magohe

Plaintiff

Juma Magune

1st Defendant

Angelina Rapahel @ Chomile Manyaki

2nd Defendant

Serikali ya Mtaa wa Mwananchi

3rd Defendant

Mwanza City Council

4th Defendant

Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent for contravening Order VII Rule 3 of the Civil Procedure Code by failing to sufficiently describe the suit property

Ratio Decidendi

The plaint failed to provide a sufficient description of the suit property as required by Order VII Rule 3 of the Civil Procedure Code, rendering the suit incompetent and liable to be struck out.

Court Disposition

Suit struck out with costs

Orders

  • The suit is struck out with costs.