bernadetha a rweyendera vs eugenia ruwawa 2018 tzhclandd 75 13 april 2018

The plaint was struck out because it was not properly endorsed with the name of the drawer as required by Section 44(1) of the Advocates Act, rendering it incurably defective.

Source-derived case information.

Citation: bernadetha a rweyendera vs eugenia ruwawa 2018 tzhclandd 75 13 april 2018
Parties: Plaintiff: Bernadetha A. Rweyendera; Defendant: Euginia Ruwawa
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 13 April 2018
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Plaint struck out with costs
Legal Topics: Jurisdiction, Pleading Requirements, Advocates Act Compliance
Source Language: english

Civil Procedure Land Law Jurisdiction Pleading Requirements Advocates Act Compliance

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2

Parties

Bernadetha A. Rweyendera

Plaintiff

Euginia Ruwawa

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the court has jurisdiction to entertain the suit as filed
2 Whether the plaint is incurably defective for being improperly endorsed

Ratio Decidendi

The plaint was struck out because it was not properly endorsed with the name of the drawer as required by Section 44(1) of the Advocates Act, rendering it incurably defective.

Court Disposition

Plaint struck out with costs

Orders

Plaint is struck out with costs

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