Land Case N0

Land Case N0

The amended plaint is incurably defective for failing to plead when the cause of action arose, a mandatory requirement under Order VII Rule 1(e) of the Civil Procedure Code. This defect cannot be cured by submissions and justifies striking out the suit.

Citation
Land Case N0
Parties
Plaintiff: K & A Engineering Co Ltd; 1st Defendant: The Attorney General; 2nd Defendant: Kibaha Town Council; 3rd Defendant: Felichism Wilbad Mushi; 4th Defendant: Godfrey Mkini; 5th Defendant: Remini Andrew; 6th Defendant: Pius Wasulywa; 7th Defendant: Rehema Masawe; 8th Defendant: Mohamed Abdallah Maunda; 9th Defendant: Mrashani Cletus; 10th Defendant: John Martine Mkini; 11th Defendant: Gabriel Ndemasi; 12th Defendant: Elisante Kirita; 13th Defendant: Ombeni Mwasha; 14th Defendant: Amarin Alphonse; 15th Defendant: Ashahadu Maheke Maheke; 16th Defendant: Maarifa Mputa; 17th Defendant: Victor Kalinga; 18th Defendant: Nelson Jacob Swai; 19th Defendant: Fanuel Mandari; 20th Defendant: Deus Kusekwa; 21st Defendant: Registered Trustee of Efatha Church
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
suit struck out
Legal Topics
Pleadings, Limitation of Actions, Mandatory Particulars in Plaint
Source Language
English
Civil Procedure Land Law Pleadings Limitation of Actions Mandatory Particulars in Plaint

Case Brief

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Parties

K & A Engineering Co Ltd

Plaintiff

The Attorney General

1st Defendant

Kibaha Town Council

2nd Defendant

Felichism Wilbad Mushi

3rd Defendant

Godfrey Mkini

4th Defendant

Remini Andrew

5th Defendant

Pius Wasulywa

6th Defendant

Rehema Masawe

7th Defendant

Mohamed Abdallah Maunda

8th Defendant

Mrashani Cletus

9th Defendant

John Martine Mkini

10th Defendant

Gabriel Ndemasi

11th Defendant

Elisante Kirita

12th Defendant

Ombeni Mwasha

13th Defendant

Amarin Alphonse

14th Defendant

Ashahadu Maheke Maheke

15th Defendant

Maarifa Mputa

16th Defendant

Victor Kalinga

17th Defendant

Nelson Jacob Swai

18th Defendant

Fanuel Mandari

19th Defendant

Deus Kusekwa

20th Defendant

Registered Trustee of Efatha Church

21st Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the amended plaint complies with Order VII Rule 1(e) of the Civil Procedure Code
  2. 2 Whether the suit is time barred

Ratio Decidendi

The amended plaint is incurably defective for failing to plead when the cause of action arose, a mandatory requirement under Order VII Rule 1(e) of the Civil Procedure Code. This defect cannot be cured by submissions and justifies striking out the suit.

Court Disposition

suit struck out

Orders

  • Suit struck out with no order as to costs