19910223 TZHC Dar es Salaam

19910223 TZHC Dar es Salaam

The High Court lacks original jurisdiction over unregistered land and no judicial leave was granted for proceedings to commence in another court; therefore, the suit is not properly before the court and must be struck out.

Citation
19910223 TZHC Dar es Salaam
Parties
Plaintiff: Francis Msechu; Defendant: Unknown (Defendant)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 1991
Procedural Posture
Civil Suit / Preliminary Objection Ruling
Outcome
preliminary objection upheld; suit struck out
Legal Topics
Jurisdiction, Res Judicata, Leave to Commence Proceedings
Source Language
English
Civil Procedure Land Law Jurisdiction Res Judicata Leave to Commence Proceedings

Case Brief

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Parties

Francis Msechu

Plaintiff

Unknown (Defendant)

Defendant

Procedural Posture

Civil Suit / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the High Court has original jurisdiction over unregistered land
  2. 2 Whether leave was properly granted for proceedings to commence in a court other than the primary court
  3. 3 Whether the suit is barred by res judicata

Ratio Decidendi

The High Court lacks original jurisdiction over unregistered land and no judicial leave was granted for proceedings to commence in another court; therefore, the suit is not properly before the court and must be struck out.

Court Disposition

preliminary objection upheld; suit struck out

Orders

  • Proceedings before the High Court are struck out.
  • Defendant is awarded costs.