dilole cooperative society vs dar es salaam city council others 2006 tzhc 41 20 june 2006

dilole cooperative society vs dar es salaam city council others 2006 tzhc 41 20 june 2006

The appeal was dismissed because the original filing did not comply with the mandatory procedural requirements for instituting a suit, application, or petition under the Civil Procedure Code, and therefore could not be amended or heard on merits.

Source-derived case information.

Citation
dilole cooperative society vs dar es salaam city council others 2006 tzhc 41 20 june 2006
Parties
Appellant: Dilole Cooperative Society; 1st Respondent: Dar es Salaam City Council; 2nd Respondent: The Registered Trustee of the Chama Cha Mapinduzi (CCM); 3rd Respondent: The CCM Secretary, Mzimuni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 June 2006
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Institution of Suits, Pleadings, Amendment of Pleadings, Preliminary Objections
Source Language
english
Civil Procedure Institution of Suits Pleadings Amendment of Pleadings Preliminary Objections

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Parties

Dilole Cooperative Society

Appellant

Dar es Salaam City Council

1st Respondent

The Registered Trustee of the Chama Cha Mapinduzi (CCM)

2nd Respondent

The CCM Secretary, Mzimuni

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the suit was properly instituted in accordance with the Civil Procedure Code
  2. 2 Whether the trial court erred in dismissing the suit for non-compliance with procedural requirements

Ratio Decidendi

The appeal was dismissed because the original filing did not comply with the mandatory procedural requirements for instituting a suit, application, or petition under the Civil Procedure Code, and therefore could not be amended or heard on merits.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents