20061214 TZHC Dar es Salaam

20061214 TZHC Dar es Salaam

The suit does not involve land matters per se but rather claims for damages arising from alleged tortious acts related to possession. Even if it were a land matter, the High Court retains jurisdiction due to an extension granted by the Chief Justice under the Land Disputes Courts Act.

Citation
20061214 TZHC Dar es Salaam
Parties
Plaintiff: George Mathew Kilindu; Defendants: C.R.D.B. Bank Ltd & Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2006
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Jurisdiction, Temporary Injunction, Mental Anguish, Eviction
Source Language
English
Civil Procedure Tort Law Jurisdiction Temporary Injunction Mental Anguish Eviction

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Parties

George Mathew Kilindu

Plaintiff

C.R.D.B. Bank Ltd & Others

Defendants

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear the suit and application for temporary injunction given the subject matter relates to land occupation and alleged torts

Ratio Decidendi

The suit does not involve land matters per se but rather claims for damages arising from alleged tortious acts related to possession. Even if it were a land matter, the High Court retains jurisdiction due to an extension granted by the Chief Justice under the Land Disputes Courts Act.

Court Disposition

Preliminary objection overruled

Orders

  • Hearing of the application inter partes fixed for 5.3.2007