christopher derek kadio vs heaven origenes mtui others 2018 tzhclandd 464 27 august 2018

christopher derek kadio vs heaven origenes mtui others 2018 tzhclandd 464 27 august 2018

Failure to clearly indicate the specific value of the subject matter and properly verify all paragraphs of the plaint renders the plaint incurably defective in law.

Citation
christopher derek kadio vs heaven origenes mtui others 2018 tzhclandd 464 27 august 2018
Parties
Plaintiff: Christopher Derek Kadio; 1st Respondent: Heaven Origenes Mtui; 2nd Respondent: George Saatatu; 3rd Respondent: Geofrey Mushi; 4th Respondent: Edwin Muangi; 5th Respondent: Dismas Lyatuu; 6th Respondent: Fanuel Mwakajili; 7th Respondent: Prochess Njau; 8th Respondent: Sophia Machui; 9th Respondent: Westone Luzilo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2018
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Case struck out as incompetent
Legal Topics
Pecuniary Jurisdiction, Defective Plaint, Court Fees, Verification of Pleadings
Source Language
English
Civil Procedure Land Law Pecuniary Jurisdiction Defective Plaint Court Fees Verification of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Christopher Derek Kadio

Plaintiff

Heaven Origenes Mtui

1st Respondent

George Saatatu

2nd Respondent

Geofrey Mushi

3rd Respondent

Edwin Muangi

4th Respondent

Dismas Lyatuu

5th Respondent

Fanuel Mwakajili

6th Respondent

Prochess Njau

7th Respondent

Sophia Machui

8th Respondent

Westone Luzilo

9th Respondent

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint is incurably defective for failure to state the value of the subject matter in accordance with the law
  2. 2 Whether the plaint is properly verified as required by law

Ratio Decidendi

Failure to clearly indicate the specific value of the subject matter and properly verify all paragraphs of the plaint renders the plaint incurably defective in law.

Court Disposition

Case struck out as incompetent

Orders

  • Land Case No. 81 of 2017 is struck out from the record
  • No order as to costs