20121107 TZHC Dar es Salaam
The Plaintiffs failed to disclose any cause of action against the Defendant as the plaint did not show the Defendant's duty, violation of right, or liability, warranting rejection of the plaint under Order VII Rule 11(a) of the Civil Procedure Code.
Source-derived case information.
- Citation
- 20121107 TZHC Dar es Salaam
- Parties
- Plaintiff: John Michael; Plaintiff: Flexon Lauwo; Plaintiff: Nazarusi Peter; Plaintiff: Stella Mkenda; Plaintiff: Hamisi Juma; Defendant: Registered Trustees of Chama Cha Mapinduzi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 November 2012
- Procedural Posture
- Land Case / Ruling on Preliminary Objection
- Outcome
- Suit struck out with costs
- Legal Topics
- Cause of Action, Preliminary Objection, Tenancy, Injunction
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Michael
Plaintiff
Flexon Lauwo
Plaintiff
Nazarusi Peter
Plaintiff
Stella Mkenda
Plaintiff
Hamisi Juma
Plaintiff
Registered Trustees of Chama Cha Mapinduzi
Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Plaintiffs have disclosed a cause of action against the Defendant
- 2 Whether the suit is maintainable in law
Ratio Decidendi
The Plaintiffs failed to disclose any cause of action against the Defendant as the plaint did not show the Defendant's duty, violation of right, or liability, warranting rejection of the plaint under Order VII Rule 11(a) of the Civil Procedure Code.
Court Disposition
Suit struck out with costs
Orders
- Plaint rejected for non-disclosure of cause of action
- Suit struck out with costs
Full Case Text
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