gabriel r rwakabare vs getruda rwakatare another 2014 tzhc 2335 23 september 2014

gabriel r rwakabare vs getruda rwakatare another 2014 tzhc 2335 23 september 2014

The High Court has jurisdiction over the land dispute as the value exceeds the statutory threshold under Cap. 216, and the application was properly brought under the cited provision; the preliminary objection is overruled.

Citation
gabriel r rwakabare vs getruda rwakatare another 2014 tzhc 2335 23 september 2014
Parties
Plaintiff: Gabriel R. Rwakabare; 1st Defendant: Rev. Getrude Rwakatere; 2nd Defendant: Mission to the Needy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2014
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Pecuniary Jurisdiction, Proper Citation of Law, Preliminary Objection, Landlord and Tenant Dispute
Source Language
English
Land Law Civil Procedure Pecuniary Jurisdiction Proper Citation of Law Preliminary Objection Landlord and Tenant Dispute

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Parties

Gabriel R. Rwakabare

Plaintiff

Rev. Getrude Rwakatere

1st Defendant

Mission to the Needy

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has pecuniary jurisdiction over the suit
  2. 2 Whether the application was properly brought under the correct provision of law

Ratio Decidendi

The High Court has jurisdiction over the land dispute as the value exceeds the statutory threshold under Cap. 216, and the application was properly brought under the cited provision; the preliminary objection is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Entire preliminary objection dismissed
  • Defendants/respondents to be notified