morris hamza aziz vs angelina simon mhavile another 2013 tzhc 2146 2 september 2013

morris hamza aziz vs angelina simon mhavile another 2013 tzhc 2146 2 september 2013

The suit is not maintainable against the 1st defendant due to plaintiff's failure to pay and subsequent transfer of property; no cause of action is disclosed against the 2nd defendant as he was not party to the sale agreement.

Citation
morris hamza aziz vs angelina simon mhavile another 2013 tzhc 2146 2 september 2013
Parties
Plaintiff: Morris Hamza Aziz; 1st Defendant: Angelina Simon Mhavile; 2nd Defendant: Rupesh Chandrakant Kanabar
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2013
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
suit dismissed with costs
Legal Topics
Specific Performance, Cause of Action, Sale Agreement, Transfer of Title
Source Language
English
Property Law Contract Law Specific Performance Cause of Action Sale Agreement Transfer of Title

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Parties

Morris Hamza Aziz

Plaintiff

Angelina Simon Mhavile

1st Defendant

Rupesh Chandrakant Kanabar

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit and prayers are maintainable against the 1st defendant
  2. 2 Whether the plaint discloses a cause of action against the 2nd defendant

Ratio Decidendi

The suit is not maintainable against the 1st defendant due to plaintiff's failure to pay and subsequent transfer of property; no cause of action is disclosed against the 2nd defendant as he was not party to the sale agreement.

Court Disposition

suit dismissed with costs

Orders

  • Suit dismissed with costs to both 1st and 2nd defendants