consolidated land case No

consolidated land case No

The plaintiff's claim is founded solely on breach of contract (MOU) and not on ownership, possession, or occupation of land; therefore, the Land Division of the High Court lacks jurisdiction and the suit must be dismissed for want of jurisdiction.

Citation
consolidated land case No
Parties
Plaintiff/applicant: Jay & Joey Hotel & Hostel Limited; 1st Defendant/1st Respondent: Salimu Said Kidato & Yusuph Said Kidato (as legal representatives of the estate of the late Said Abdallah Kidato); 2nd Defendant/2nd Respondent: Julius Christopher Shayo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2024
Procedural Posture
Civil (land and Contract) / Ruling on Preliminary Objection (jurisdiction)
Outcome
suit dismissed for want of jurisdiction; application struck out
Legal Topics
Jurisdiction, Breach of Contract, Land Registry, Preliminary Objection
Source Language
English
Civil Procedure Contract Law Land Law Jurisdiction Breach of Contract Land Registry Preliminary Objection

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Parties

Jay & Joey Hotel & Hostel Limited

Plaintiff/applicant

Salimu Said Kidato & Yusuph Said Kidato (as legal representatives of the estate of the late Said Abdallah Kidato)

1st Defendant/1st Respondent

Julius Christopher Shayo

2nd Defendant/2nd Respondent

Procedural Posture

Civil (land and Contract) / Ruling on Preliminary Objection (jurisdiction)

Legal Issues

  1. 1 Whether the Land Division of the High Court has jurisdiction over a claim based on breach of contract relating to land
  2. 2 Whether the plaintiff's claim constitutes a land dispute or a contractual dispute

Ratio Decidendi

The plaintiff's claim is founded solely on breach of contract (MOU) and not on ownership, possession, or occupation of land; therefore, the Land Division of the High Court lacks jurisdiction and the suit must be dismissed for want of jurisdiction.

Court Disposition

suit dismissed for want of jurisdiction; application struck out

Orders

  • Suit dismissed for want of jurisdiction
  • Application struck out for lack of locus standi