leonard peter vs joseph mabao and 2 others 2021 tzhc 7527 4 november 2021

leonard peter vs joseph mabao and 2 others 2021 tzhc 7527 4 november 2021

Failure to join the Registrar of Titles and Attorney General, both necessary parties for the reliefs sought, constitutes a procedural error rendering the suit incompetent and liable to be struck out.

Citation
leonard peter vs joseph mabao and 2 others 2021 tzhc 7527 4 november 2021
Parties
Plaintiff: Leonard Peter; 1st Defendant: Joseph Mabao; 2nd Defendant: Ephraim Stanley Fimbo; 3rd Defendant: Geofrey Josiah Mushema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 November 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out with costs
Legal Topics
Joinder of Parties, Necessary Parties, Government Proceedings, Rectification of Land Register
Source Language
English
Land Law Civil Procedure Joinder of Parties Necessary Parties Government Proceedings Rectification of Land Register

Case Brief

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Parties

Leonard Peter

Plaintiff

Joseph Mabao

1st Defendant

Ephraim Stanley Fimbo

2nd Defendant

Geofrey Josiah Mushema

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to join Registrar of Titles and Attorney General renders the suit incompetent
  2. 2 Whether the Registrar of Titles and Attorney General are necessary parties in proceedings seeking rectification/nullification of land titles

Ratio Decidendi

Failure to join the Registrar of Titles and Attorney General, both necessary parties for the reliefs sought, constitutes a procedural error rendering the suit incompetent and liable to be struck out.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs