job p mwakisisile vs workers development corporation ltd another 2019 tzhclandd 8 27 september 2019

job p mwakisisile vs workers development corporation ltd another 2019 tzhclandd 8 27 september 2019

The suit is incompetently before the court as the plaintiff's advocate was not properly authorized by power of attorney or other valid document to sign pleadings as agent; Order V Rule 14 does not confer such authority.

Citation
job p mwakisisile vs workers development corporation ltd another 2019 tzhclandd 8 27 september 2019
Parties
Plaintiff: Job P. Mwakisisile; 1st Defendant: Workers Development Cooperation Ltd; 2nd Defendant: Majembe Auction Mart Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2019
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
suit struck out
Legal Topics
Pleadings, Agent Authorization, Signing of Plaint
Source Language
English
Civil Procedure Land Law Pleadings Agent Authorization Signing of Plaint

Case Brief

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Parties

Job P. Mwakisisile

Plaintiff

Workers Development Cooperation Ltd

1st Defendant

Majembe Auction Mart Ltd

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is competently before the court due to failure to state value of subject matter
  2. 2 Whether the plaint has been properly signed by a purported agent

Ratio Decidendi

The suit is incompetently before the court as the plaintiff's advocate was not properly authorized by power of attorney or other valid document to sign pleadings as agent; Order V Rule 14 does not confer such authority.

Court Disposition

suit struck out

Orders

  • suit struck out
  • half costs awarded to defendants