19900125 TZHC Dar es Salaam

The plaint was not properly signed or verified as required by Order 6 Rule 14 and Rule 15(2) of the Civil Procedure Code, and therefore must be struck out.

Citation: 19900125 TZHC Dar es Salaam
Parties: Plaintiffs: Jii. Mavabungwa & 3 Others; Defendant: L. M. Bagawa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 January 1990
Procedural Posture: Civil / Ruling on Preliminary Objections
Outcome: Plaint struck out with costs
Legal Topics: Proper Party to Sue, Signing and Verification of Pleadings, Striking Out Plaint
Source Language: English

Civil Procedure Proper Party to Sue Signing and Verification of Pleadings Striking Out Plaint

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Parties

Jii. Mavabungwa & 3 Others

Plaintiffs

L. M. Bagawa

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

1 Whether the defendant was the proper party to be sued
2 Whether the plaint was properly signed and verified as required by the Civil Procedure Code

Ratio Decidendi

The plaint was not properly signed or verified as required by Order 6 Rule 14 and Rule 15(2) of the Civil Procedure Code, and therefore must be struck out.

Court Disposition

Plaint struck out with costs

Orders

Plaint struck out
Costs awarded to defendant