scanned CASE NO 24149 OF 2024

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT PAR ES SALAAM LAND CASE NO. 24149 OF 2024 GERALD GREGORY LIKENA.................................... PLAINTIFF

VERSUS THE ATTORNEY GENERAL.................................... 1st DEFENDANT COMMISSIONER FOR LANDS................................................... 2ndDEFENDANT REGISTRAR OF TITLES............................................................ 3rdDEFENDANT KINONDONI MUNICIPAL COUNCIL.......................................... 4thDEFENDANT

THE REGISTERED TRUSTEES OF THE HEAVEN ON EARTH MINISTRIES INTERNATIONAL..................................................5thDEFENDANT NOELTEMAELI MUNUNA..........................................6th DEFENDANT

RULING Date of Last Order: 13.11.2024 Date of Ruling: 27.11.2024 T.N, MWENEGOHA, J The Ruling is in respect of two Preliminary Objections raised by the plaintiff that, the Written Statement of Defense filed by the 5th and 6th defendants is defective for being verified by another person, one Gerald Gregory Likena who is a plaintiff herein. The counsel for the plaintiff, Mr. Andrew Miraa, insisted in his submissions that, the Written Statement of Defense filed by the 5th and 6th defendants, contravenes the mandatory provisions of Order VI Rule 15 of the Civil Procedure Code, Cap 33 i R.E 2019. The 5th and 6th defendants on their part, conceded to the objection and sought for leave of this Court to refile another Written Statement of Defence. In determining this objection, I will not take much of this Court's time, I sustain the objection raised by the counsel for the plaintiff as the 5th & 6th defendants has conceded to the same. I proceed to strike out from the records the Written Statement of Defence filed by the 5th and 6th defendants with costs. Ordered accordingly. Judge 27/11/2024 2