khamis ramadhani mggalu vs attorney general 6 others 2022 tzhclandd 12607 25 november 2022

khamis ramadhani mggalu vs attorney general 6 others 2022 tzhclandd 12607 25 november 2022

The plaint failed to provide a sufficient description of the suit land as required by Order VII Rule 3 of the Civil Procedure Code, lacking specific boundaries or distinguishing features, rendering it defective and incompetent.

Source-derived case information.

Citation
khamis ramadhani mggalu vs attorney general 6 others 2022 tzhclandd 12607 25 november 2022
Parties
Plaintiff: Khamis Ramadhani Mggalu; 1st Defendant: Attorney General; 2nd Defendant: Chalinze District Council; 3rd Defendant: Chamkweza Village Council; 4th Defendant: Kisangasi Salaiyo; 5th Defendant: Mbambile Kisangasi; 6th Defendant: Sikuzani Halfani Jeuri (Administratix of the Estate of the late Selemani Jeuri); 7th Defendant: Saidi Mohamed Chabweni (Administrator of the Estate of the late Ulaui Mohamed Chabweni Malomalo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2022
Procedural Posture
Land Case / Ruling on Preliminary Issue (sufficiency of Plaint Under Order VII Rule 3 Cpc)
Outcome
Suit struck out for being incompetent due to defective plaint.
Legal Topics
Description of Immovable Property in Plaint, Pleading Requirements, Striking Out Plaints
Source Language
english
Civil Procedure Land Law Description of Immovable Property in Plaint Pleading Requirements Striking Out Plaints

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Parties

Khamis Ramadhani Mggalu

Plaintiff

Attorney General

1st Defendant

Chalinze District Council

2nd Defendant

Chamkweza Village Council

3rd Defendant

Kisangasi Salaiyo

4th Defendant

Mbambile Kisangasi

5th Defendant

Sikuzani Halfani Jeuri (Administratix of the Estate of the late Selemani Jeuri)

6th Defendant

Saidi Mohamed Chabweni (Administrator of the Estate of the late Ulaui Mohamed Chabweni Malomalo)

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Issue (sufficiency of Plaint Under Order VII Rule 3 Cpc)

Legal Issues

  1. 1 Whether the plaint sufficiently describes the suit land as required by Order VII Rule 3 of the Civil Procedure Code

Ratio Decidendi

The plaint failed to provide a sufficient description of the suit land as required by Order VII Rule 3 of the Civil Procedure Code, lacking specific boundaries or distinguishing features, rendering it defective and incompetent.

Court Disposition

Suit struck out for being incompetent due to defective plaint.

Orders

  • Suit is struck out.
  • No order as to costs.