equity agencies ltd vs tanzania cotton lint and seeds board another 2005 tzhc 109 2 november 2005

equity agencies ltd vs tanzania cotton lint and seeds board another 2005 tzhc 109 2 november 2005

The court lacks jurisdiction over the subject matter as disputes over landed property are exclusively vested in the Land Division of the High Court; therefore, the application is struck out as incompetent.

Citation
equity agencies ltd vs tanzania cotton lint and seeds board another 2005 tzhc 109 2 november 2005
Parties
Applicant: Equity Agencies Ltd; 1st Respondent: Tanzania Cotton Lint and Seed Board; 2nd Respondent: P.S.R.C.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Leave to Sue Specified Corporation, Joinder of Parties, Jurisdiction of Court, Preliminary Objections
Source Language
English
Civil Procedure Jurisdiction Leave to Sue Specified Corporation Joinder of Parties Jurisdiction of Court Preliminary Objections

Case Brief

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Parties

Equity Agencies Ltd

Applicant

Tanzania Cotton Lint and Seed Board

1st Respondent

P.S.R.C.

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether leave is required to join PSRC as a party
  2. 2 Whether the matter is res judicata
  3. 3 Whether the court has jurisdiction over the subject matter

Ratio Decidendi

The court lacks jurisdiction over the subject matter as disputes over landed property are exclusively vested in the Land Division of the High Court; therefore, the application is struck out as incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application for leave to join PSRC rejected
  • Application for leave to sue first respondent struck out for want of jurisdiction