scanned CASE NO 24149 OF 2024

scanned CASE NO 24149 OF 2024

The Written Statement of Defense filed by the 5th and 6th defendants was defective as it was verified by the plaintiff, not by the defendants themselves, contravening mandatory procedural requirements.

Source-derived case information.

Citation
scanned CASE NO 24149 OF 2024
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 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
objection sustained, Written Statement of Defense struck out with costs
Legal Topics
Verification of Pleadings, Striking Out Defective Pleadings
Source Language
english
Civil Procedure Land Law Verification of Pleadings Striking Out Defective Pleadings

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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 Defense filed by the 5th and 6th defendants is defective for being verified by a person who is not a party to the defense

Ratio Decidendi

The Written Statement of Defense filed by the 5th and 6th defendants was defective as it was verified by the plaintiff, not by the defendants themselves, contravening mandatory procedural requirements.

Court Disposition

objection sustained, Written Statement of Defense struck out with costs

Orders

  • Written Statement of Defense filed by the 5th and 6th defendants struck out
  • Costs awarded to the plaintiff