maulidi shabani vs temeke municipal executive director another 2018 tzhclandd 97 20 april 2018

maulidi shabani vs temeke municipal executive director another 2018 tzhclandd 97 20 april 2018

The application was brought against the wrong party; only the Municipal Council can be sued, not the Executive Director. This legal error is sufficient to dispose of the application.

Citation
maulidi shabani vs temeke municipal executive director another 2018 tzhclandd 97 20 april 2018
Parties
Applicant: Maulidi Shabani; 1st Respondent: Temeke Municipal Executive Director; 2nd Respondent: Farida Mohamed Said (As Administratrix of the estate of Jabar Said)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 April 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application and Land Case No. 417 of 2017 struck out with no order as to costs. Applicant at liberty to file a proper suit.
Legal Topics
Joinder of Parties, Defective Affidavit, Preliminary Objection
Source Language
English
Civil Procedure Local Government Law Land Law Joinder of Parties Defective Affidavit Preliminary Objection

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Parties

Maulidi Shabani

Applicant

Temeke Municipal Executive Director

1st Respondent

Farida Mohamed Said (As Administratrix of the estate of Jabar Said)

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant sued the correct party
  2. 2 Whether the affidavit is defective for containing prayers

Ratio Decidendi

The application was brought against the wrong party; only the Municipal Council can be sued, not the Executive Director. This legal error is sufficient to dispose of the application.

Court Disposition

Application and Land Case No. 417 of 2017 struck out with no order as to costs. Applicant at liberty to file a proper suit.

Orders

  • Application struck out
  • Land Case No. 417 of 2017 struck out