maria makarius hembe vs the district executive director of chalinze district council and2 others 2021 tzhclandd 512 14 september 2021

maria makarius hembe vs the district executive director of chalinze district council and2 others 2021 tzhclandd 512 14 september 2021

The suit was struck out because the plaintiff sued parties who are not legal persons capable of being sued, namely the District Executive Director and the Solicitor General, instead of the Chalinze District Council, and failed to prosecute the case or seek amendment.

Source-derived case information.

Citation
maria makarius hembe vs the district executive director of chalinze district council and2 others 2021 tzhclandd 512 14 september 2021
Parties
Plaintiff: Maria Makarius Hembe; 1st Defendant: District Executive Director, Chalinze District Council; 2nd Defendant: Solicitor General; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 September 2021
Procedural Posture
Land Case / Preliminary Objection Ruling
Outcome
Suit struck out with costs awarded to defendants.
Legal Topics
Misjoinder of Parties, Capacity to Sue and Be Sued, Striking Out Suits
Source Language
english
Civil Procedure Local Government Law Misjoinder of Parties Capacity to Sue and Be Sued Striking Out Suits

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Parties

Maria Makarius Hembe

Plaintiff

District Executive Director, Chalinze District Council

1st Defendant

Solicitor General

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the suit is incurably defective for suing wrong parties
  2. 2 Whether the District Executive Director and Solicitor General are proper parties to be sued

Ratio Decidendi

The suit was struck out because the plaintiff sued parties who are not legal persons capable of being sued, namely the District Executive Director and the Solicitor General, instead of the Chalinze District Council, and failed to prosecute the case or seek amendment.

Court Disposition

Suit struck out with costs awarded to defendants.

Orders

  • Suit struck out
  • Plaintiff to pay costs to defendants