godfrey lwehumbiza mugini vs paskazia lubazibwa 4 others 2023 tzhc 21221 22 september 2023

godfrey lwehumbiza mugini vs paskazia lubazibwa 4 others 2023 tzhc 21221 22 september 2023

Failure by the 1st, 2nd, and 4th defendants to sign and verify their written statements of defence personally, or through a recognized agent with written authority, renders those pleadings incompetent; however, in line with the overriding objective, the defendants are granted an extension of time to file proper pleadings.

Citation
godfrey lwehumbiza mugini vs paskazia lubazibwa 4 others 2023 tzhc 21221 22 september 2023
Parties
Plaintiff: Godfrey Lwehumbiza Mugini; 1st Defendant: Paskazia Lubazibwa; 2nd Defendant: David Ombeni; 3rd Defendant: Abdu Malick Byabato; 4th Defendant: Consolata Rwegasira; 5th Defendant: Rahim Swaibu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objection on signing and verification sustained; extension of time granted to 1st, 2nd, and 4th defendants to file proper written statements of defence; each party to bear its own costs.
Legal Topics
Preliminary Objections, Pleadings, Verification of Pleadings, Extension of Time
Source Language
English
Civil Procedure Land Law Preliminary Objections Pleadings Verification of Pleadings Extension of Time

Case Brief

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Parties

Godfrey Lwehumbiza Mugini

Plaintiff

Paskazia Lubazibwa

1st Defendant

David Ombeni

2nd Defendant

Abdu Malick Byabato

3rd Defendant

Consolata Rwegasira

4th Defendant

Rahim Swaibu

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to sign and verify written statements of defence by defendants renders them incompetent
  2. 2 Whether written statements of defence filed out of time without leave should be struck out
  3. 3 Whether issues of service and time are pure points of law suitable for preliminary objection

Ratio Decidendi

Failure by the 1st, 2nd, and 4th defendants to sign and verify their written statements of defence personally, or through a recognized agent with written authority, renders those pleadings incompetent; however, in line with the overriding objective, the defendants are granted an extension of time to file proper pleadings.

Court Disposition

Preliminary objection on signing and verification sustained; extension of time granted to 1st, 2nd, and 4th defendants to file proper written statements of defence; each party to bear its own costs.

Orders

  • 1st, 2nd, and 4th defendants granted 14 days from 22 September 2023 to file proper written statements of defence in accordance with the law.
  • Each party to bear its own costs.