NA TZHC Dar es Salaam3 3

NA TZHC Dar es Salaam3 3

The plaint and its annexures establish that the plaintiff is the allocatee of the disputed plot and alleges that the 1st defendant has entered it. This is sufficient to show the plaintiff has an interest and a cause of action. The preliminary objection is therefore overruled.

Citation
NA TZHC Dar es Salaam3 3
Parties
Plaintiff: Domin P. K. G. Mshana; 1st Defendant: Almasi Chande; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1987
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Cause of Action, Locus Standi, Allocation and Revocation of Land Titles, Preliminary Objection
Source Language
English
Civil Procedure Land Law Cause of Action Locus Standi Allocation and Revocation of Land Titles Preliminary Objection

Case Brief

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Parties

Domin P. K. G. Mshana

Plaintiff

Almasi Chande

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against the 1st defendant
  2. 2 Whether the plaintiff has an interest in the suit

Ratio Decidendi

The plaint and its annexures establish that the plaintiff is the allocatee of the disputed plot and alleges that the 1st defendant has entered it. This is sufficient to show the plaintiff has an interest and a cause of action. The preliminary objection is therefore overruled.

Court Disposition

preliminary objection overruled

Orders

  • preliminary objection dismissed; suit to proceed to trial