LECHI LEUDA AND 553 OTHERS Vs

Omission to disclose size of unsurveyed suit land in the plaint is fatal and renders the plaint incompetent for lack of sufficient description, thus absence of cause of action.

Citation: LECHI LEUDA AND 553 OTHERS Vs
Parties: Plaintiffs: Lechi Leuda & 553 Others; 1st Defendant: Mlazo Village Council District Executive; 2nd Defendant: Director of Chamwino; 3rd Defendant: Honourable Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 12 September 2024
Procedural Posture: Land Case / Ruling on Preliminary Objections
Outcome: plaint struck out as incompetent
Legal Topics: Description of Immovable Property, Competency of Plaint, Procedural Requirements
Source Language: English

Civil Procedure Land Law Description of Immovable Property Competency of Plaint Procedural Requirements

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Parties

Lechi Leuda & 553 Others

Plaintiffs

Mlazo Village Council District Executive

1st Defendant

Director of Chamwino

2nd Defendant

Honourable Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

1 Whether the plaint is incompetent for insufficient description of suit land under Order VII Rule 3 CPC
2 Whether the plaint is incompetent for not being signed and verified by plaintiffs under Order VI Rules 14 and 15 CPC

Ratio Decidendi

Omission to disclose size of unsurveyed suit land in the plaint is fatal and renders the plaint incompetent for lack of sufficient description, thus absence of cause of action.

Court Disposition

plaint struck out as incompetent

Orders

Plaint struck out from the registry of the Court.
Each party to bear own costs.