Mathias

Mathias

The plaint is incompetent for lack of verification clause, a mandatory procedural requirement, and must be struck out; the court has jurisdiction based on the value pleaded, but the defect in verification is fatal and cannot be cured by amendment at this stage.

Source-derived case information.

Citation
Mathias
Parties
Plaintiff: Mathias Rweyemamu; 1st Defendant: Aireth Munis; 2nd Defendant: Mussa Patrick; 3rd Defendant: Joram Ifunya; 4th Defendant: Catres Rwegasira; 5th Defendant: Jovin Rutainurwa; 6th Defendant: Hamidu Njovu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Plaint struck out for being incompetent; no order as to costs.
Legal Topics
Verification of Pleadings, Jurisdiction, Preliminary Objection, Striking Out Plaint
Source Language
english
Civil Procedure Verification of Pleadings Jurisdiction Preliminary Objection Striking Out Plaint

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mathias Rweyemamu

Plaintiff

Aireth Munis

1st Defendant

Mussa Patrick

2nd Defendant

Joram Ifunya

3rd Defendant

Catres Rwegasira

4th Defendant

Jovin Rutainurwa

5th Defendant

Hamidu Njovu

6th Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint is incurably defective for lack of verification clause
  2. 2 Whether the court has pecuniary jurisdiction to entertain the suit

Ratio Decidendi

The plaint is incompetent for lack of verification clause, a mandatory procedural requirement, and must be struck out; the court has jurisdiction based on the value pleaded, but the defect in verification is fatal and cannot be cured by amendment at this stage.

Court Disposition

Plaint struck out for being incompetent; no order as to costs.

Orders

  • Plaint struck out for lack of verification clause
  • No order as to costs