19940624 TZHC Dar es Salaam

19940624 TZHC Dar es Salaam

The plaint did not disclose a cause of action against the 2nd defendant, as mere partial ownership by the 1st defendant is insufficient for joinder. The 1st defendant is not to blame for being allocated the plots, but an injunction is warranted to protect the subject matter pending determination against the 3rd defendant.

Citation
19940624 TZHC Dar es Salaam
Parties
Plaintiff: Cordura Limited; Plaintiff: Industrial Investment Corporation Limited; Defendant: Dr. Khalid Khan; Defendant: Dr. K.K. Medical Services Limited; Defendant: Commissioner of Lands
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 1994
Procedural Posture
Civil / Ex Parte Judgment
Outcome
Suit against 1st and 2nd defendants dismissed with costs, except for an injunction against the 1st defendant as prayed in the plaint.
Legal Topics
Revocation of Right of Occupancy, Joinder of Parties, Injunctions
Source Language
English
Property Law Civil Procedure Revocation of Right of Occupancy Joinder of Parties Injunctions

Case Brief

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Parties

Cordura Limited

Plaintiff

Industrial Investment Corporation Limited

Plaintiff

Dr. Khalid Khan

Defendant

Dr. K.K. Medical Services Limited

Defendant

Commissioner of Lands

Defendant

Procedural Posture

Civil / Ex Parte Judgment

Legal Issues

  1. 1 Whether the revocation of the plaintiffs' Right of Occupancy was lawful
  2. 2 Whether the 2nd defendant was properly joined as a party
  3. 3 Whether the 1st defendant should be restrained by injunction

Ratio Decidendi

The plaint did not disclose a cause of action against the 2nd defendant, as mere partial ownership by the 1st defendant is insufficient for joinder. The 1st defendant is not to blame for being allocated the plots, but an injunction is warranted to protect the subject matter pending determination against the 3rd defendant.

Court Disposition

Suit against 1st and 2nd defendants dismissed with costs, except for an injunction against the 1st defendant as prayed in the plaint.

Orders

  • Suit against 1st and 2nd defendants dismissed with costs
  • Injunction issued against 1st defendant as prayed in the plaint (not perpetual)