BITALIHO RUHELE Vs

BITALIHO RUHELE Vs

The preliminary objections failed because the 3rd defendant's arguments relied on facts and documents not pleaded or properly introduced, and the plaint's statement of land value without including structures was not vague or contrary to law, as the plaintiff alleged no improvements by himself and cannot be required to value structures erected by alleged trespassers.

Citation
BITALIHO RUHELE Vs
Parties
Plaintiff: Bitariho Ruhere; 1st Defendant: Lazaro Chibago Lechipya; 2nd Defendant: David C. Maziku; 3rd Defendant: The Registered Trustees of African Benedictine Sisters of St. Agness Chipole; 4th Defendant: The Registered Trustees of Christ to All People Church; 5th Defendant: Yusuph H. Abuu; 6th Defendant: Dickson Evalist; 7th Defendant: Nickson Jackson Mdol; 8th Defendant: Deodas Pius; 9th Defendant: Emmanuel Jackson; 10th Defendant: Moses Ruben; 11th Defendant: Fredy Oswady; 12th Defendant: Mathayo Bweli; 13th Defendant: Aron Exaudy; 14th Defendant: Emanuel; 15th Defendant: Partice Wamily Kugululye; 16th Defendant: James Raphaely Kalalu; 17th Defendant: Iman Onesmo Mahelela; 18th Defendant: Magomba; 19th Defendant: Plotus; 20th Defendant: Neema Jeremia; 21st Defendant: Omary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Preliminary Objection, Proper Party, Pleadings, Jurisdiction, Land Ownership, Damages
Source Language
English
Civil Procedure Land Law Preliminary Objection Proper Party Pleadings Jurisdiction Land Ownership Damages

Case Brief

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Parties

Bitariho Ruhere

Plaintiff

Lazaro Chibago Lechipya

1st Defendant

David C. Maziku

2nd Defendant

The Registered Trustees of African Benedictine Sisters of St. Agness Chipole

3rd Defendant

The Registered Trustees of Christ to All People Church

4th Defendant

Yusuph H. Abuu

5th Defendant

Dickson Evalist

6th Defendant

Nickson Jackson Mdol

7th Defendant

Deodas Pius

8th Defendant

Emmanuel Jackson

9th Defendant

Moses Ruben

10th Defendant

Fredy Oswady

11th Defendant

Mathayo Bweli

12th Defendant

Aron Exaudy

13th Defendant

Emanuel

14th Defendant

Partice Wamily Kugululye

15th Defendant

James Raphaely Kalalu

16th Defendant

Iman Onesmo Mahelela

17th Defendant

Magomba

18th Defendant

Plotus

19th Defendant

Neema Jeremia

20th Defendant

Omary

21st Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is against a non-existing person due to improper naming of the 3rd defendant
  2. 2 Whether the plaint is vague, vexatious, and misconceived for not including value of fixtures

Ratio Decidendi

The preliminary objections failed because the 3rd defendant's arguments relied on facts and documents not pleaded or properly introduced, and the plaint's statement of land value without including structures was not vague or contrary to law, as the plaintiff alleged no improvements by himself and cannot be required to value structures erected by alleged trespassers.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • Hearing of the case to proceed on merit.