LAND CASE 24149 Likena

LAND CASE 24149 Likena

The Written Statement of Defence filed by the 5th and 6th defendants is defective for being verified by the plaintiff, contrary to mandatory legal provisions, and is therefore struck out.

Citation
LAND CASE 24149 Likena
Parties
Plaintiff: Gerald Gregory Likena; 1st Defendant: The Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Registrar of Titles; 4th Defendant: Kinondoni Municipal Council; 5th Defendant: The Registered Trustees of the Heaven on Earth Ministries International; 6th Defendant: Noeltemaeli Mununa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Objection sustained; Written Statement of Defence by 5th and 6th defendants struck out with costs.
Legal Topics
Verification of Pleadings, Striking Out Pleadings, Preliminary Objections
Source Language
English
Civil Procedure Land Law Verification of Pleadings Striking Out Pleadings Preliminary Objections

Case Brief

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Parties

Gerald Gregory Likena

Plaintiff

The Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Registrar of Titles

3rd Defendant

Kinondoni Municipal Council

4th Defendant

The Registered Trustees of the Heaven on Earth Ministries International

5th Defendant

Noeltemaeli Mununa

6th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Written Statement of Defence filed by the 5th and 6th defendants is defective for being verified by a person not entitled to do so under the law

Ratio Decidendi

The Written Statement of Defence filed by the 5th and 6th defendants is defective for being verified by the plaintiff, contrary to mandatory legal provisions, and is therefore struck out.

Court Disposition

Objection sustained; Written Statement of Defence by 5th and 6th defendants struck out with costs.

Orders

  • The Written Statement of Defence filed by the 5th and 6th defendants is struck out from the record with costs.