kuringe real estate ltd vs nmb bank plc and others 2021 tzhclandd 29 26 february 2021

kuringe real estate ltd vs nmb bank plc and others 2021 tzhclandd 29 26 february 2021

The suit is premature and the court lacks jurisdiction because the plaintiff's earlier objection proceedings were withdrawn without leave to refile and the subsequent application was struck out for incompetence; thus, no conclusive order under Order XXI Rule 62 was issued by the executing court.

Citation
kuringe real estate ltd vs nmb bank plc and others 2021 tzhclandd 29 26 february 2021
Parties
Plaintiff: Kuringe Real Estate Ltd; 1st Defendant: NMB Bank PLC; 2nd Defendant: Bank of Africa (T) Ltd; 3rd Defendant: Mr Charles K. Sengo t/a CDJ Classic Group Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 February 2021
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out for want of jurisdiction
Legal Topics
Jurisdiction, Objection Proceedings, Execution of Decree, Withdrawal of Proceedings
Source Language
English
Civil Procedure Land Law Jurisdiction Objection Proceedings Execution of Decree Withdrawal of Proceedings

Case Brief

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Parties

Kuringe Real Estate Ltd

Plaintiff

NMB Bank PLC

1st Defendant

Bank of Africa (T) Ltd

2nd Defendant

Mr Charles K. Sengo t/a CDJ Classic Group Ltd

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred due to withdrawal of earlier objection proceedings without leave to refile
  2. 2 Whether the suit is premature for want of exhaustion of remedies under Order XXI Rule 62 of the CPC

Ratio Decidendi

The suit is premature and the court lacks jurisdiction because the plaintiff's earlier objection proceedings were withdrawn without leave to refile and the subsequent application was struck out for incompetence; thus, no conclusive order under Order XXI Rule 62 was issued by the executing court.

Court Disposition

Suit struck out for want of jurisdiction

Orders

  • Suit is struck out with costs for want of jurisdiction