20140610 TZHC Dar es Salaam2

20140610 TZHC Dar es Salaam2

The plaintiff does not need to prove valid title to plots Nos. 16 and 17 to have a cause of action; his interest and the allegations of unlawful creation and allocation of plot No. 1823 blocking a public road are sufficient to disclose a cause of action against the defendants.

Citation
20140610 TZHC Dar es Salaam2
Parties
Plaintiff: Mazaher Limited; 1st Defendant: The Hon. Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Tinga Tinga Arts Co-operative Society Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 June 2014
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Cause of Action, Title to Land, Preliminary Objection
Source Language
English
Civil Procedure Land Law Cause of Action Title to Land Preliminary Objection

Case Brief

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Parties

Mazaher Limited

Plaintiff

The Hon. Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Tinga Tinga Arts Co-operative Society Ltd

3rd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against the defendants given the alleged lack of valid title over the disputed plots

Ratio Decidendi

The plaintiff does not need to prove valid title to plots Nos. 16 and 17 to have a cause of action; his interest and the allegations of unlawful creation and allocation of plot No. 1823 blocking a public road are sufficient to disclose a cause of action against the defendants.

Court Disposition

Preliminary objection overruled

Orders

  • Hearing of the suit fixed for 21/7/2014