20051102 TZHC Dar es Salaam

20051102 TZHC Dar es Salaam

The court lacks jurisdiction over the subject matter as disputes over landed property fall under the exclusive jurisdiction of the Land Division of the High Court; therefore, the application is struck out.

Citation
20051102 TZHC Dar es Salaam
Parties
Applicant: Equity Agencies Ltd; 1st Respondent: Tanzania Cotton Lint and Seed Board; 2nd Respondent: PSRC
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 Land Division, Preliminary Objections
Source Language
English
Civil Procedure Jurisdiction Leave to Sue Specified Corporation Joinder of Parties Jurisdiction of Land Division Preliminary Objections

Case Brief

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Parties

Equity Agencies Ltd

Applicant

Tanzania Cotton Lint and Seed Board

1st Respondent

PSRC

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 fall under the exclusive jurisdiction of the Land Division of the High Court; therefore, the application is struck out.

Court Disposition

Application struck out with costs

Orders

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