joseph thomas kleruu vs crdbplc 2 others 2022 tzhclandd 62 26 january 2022

joseph thomas kleruu vs crdbplc 2 others 2022 tzhclandd 62 26 january 2022

The application was struck out for being incompetent due to wrong citation of enabling provisions of the law vis-à-vis the orders sought in the Chamber Summons, which goes to the root of the application and cannot be cured by the overriding objective principle.

Citation
joseph thomas kleruu vs crdbplc 2 others 2022 tzhclandd 62 26 january 2022
Parties
Applicant: Joseph Thomas Kleruu; Respondent: CRDB Bank PLC; Respondent: MEM Auctioneers & General Brokers Company Ltd; Respondent: Nutmeg Auctioneers & Property Managers Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 January 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs for being incompetent.
Legal Topics
Preliminary Objection, Enabling Provision, Jurisdiction, Temporary Injunction, Execution of Decree
Source Language
English
Civil Procedure Land Law Preliminary Objection Enabling Provision Jurisdiction Temporary Injunction Execution of Decree

Case Brief

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Parties

Joseph Thomas Kleruu

Applicant

CRDB Bank PLC

Respondent

MEM Auctioneers & General Brokers Company Ltd

Respondent

Nutmeg Auctioneers & Property Managers Co. Ltd

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is defective for lack of enabling provision of the law
  2. 2 Whether the applicant has a cause of action against the respondents
  3. 3 Whether the court has jurisdiction to entertain the application

Ratio Decidendi

The application was struck out for being incompetent due to wrong citation of enabling provisions of the law vis-à-vis the orders sought in the Chamber Summons, which goes to the root of the application and cannot be cured by the overriding objective principle.

Court Disposition

Application struck out with costs for being incompetent.

Orders

  • Application struck out
  • Costs awarded to respondents