LAND CASE NO

LAND CASE NO

Failure to indicate the value of the subject matter in the plaint renders the suit incompetent as it prevents assessment of appropriate court fees, even if the High Court's jurisdiction is not affected when the Government is a party.

Citation
LAND CASE NO
Parties
Plaintiff: Doreen Alphonce Mchawa; 1st Defendant: The Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Registrar of Titles; 4th Defendant: Mohamed Abillah Mkanje; 5th Defendant: Equity Bank Tanzania Limited; 6th Defendant: Leonia Paulo Lengwana; 7th Defendant: Mbuzax Auction Mart Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Pleading Requirements, Jurisdiction, Court Fees, Government Proceedings
Source Language
English
Civil Procedure Land Law Pleading Requirements Jurisdiction Court Fees Government Proceedings

Case Brief

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Parties

Doreen Alphonce Mchawa

Plaintiff

The Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Registrar of Titles

3rd Defendant

Mohamed Abillah Mkanje

4th Defendant

Equity Bank Tanzania Limited

5th Defendant

Leonia Paulo Lengwana

6th Defendant

Mbuzax Auction Mart Company Limited

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to indicate the value of the subject matter in the amended plaint renders the suit incompetent
  2. 2 Whether the High Court has jurisdiction irrespective of value when the Government is a party
  3. 3 Whether the preliminary objection was properly raised

Ratio Decidendi

Failure to indicate the value of the subject matter in the plaint renders the suit incompetent as it prevents assessment of appropriate court fees, even if the High Court's jurisdiction is not affected when the Government is a party.

Court Disposition

Suit struck out with costs

Orders

  • Plaintiff's suit is struck out for failure to indicate value of the subject matter in the amended plaint.
  • Plaintiff to pay costs.