nawal masawe vs international commercial bank tanzania ltd and2 others 2021 tzhclandd 511 3 september 2021

nawal masawe vs international commercial bank tanzania ltd and2 others 2021 tzhclandd 511 3 september 2021

The first and second objections lack merit as the plaint contains material facts and the certificate of agency was properly filed; the third objection is meritorious as paragraph 11 was not verified, but the defect is curable by amendment rather than striking out the suit.

Citation
nawal masawe vs international commercial bank tanzania ltd and2 others 2021 tzhclandd 511 3 september 2021
Parties
Applicant: Nawal Massawe; 1st Defendant: International Commercial Bank (Tanzania) Ltd; 2nd Defendant: Nawab Abdulrahman Mulla; 3rd Defendant: Crispin Joseph Semakula
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 September 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Objections partly allowed and partly dismissed
Legal Topics
Preliminary Objection, Verification of Pleadings, Locus Standi, Drafting of Plaint
Source Language
English
Civil Procedure Land Law Preliminary Objection Verification of Pleadings Locus Standi Drafting of Plaint

Case Brief

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Parties

Nawal Massawe

Applicant

International Commercial Bank (Tanzania) Ltd

1st Defendant

Nawab Abdulrahman Mulla

2nd Defendant

Crispin Joseph Semakula

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is bad in law for containing prayers instead of material facts
  2. 2 Whether the plaintiff or her counsel has locus standi to institute the suit for lack of power of attorney
  3. 3 Whether the plaint is defective for failure to verify paragraph 11 in the verification clause

Ratio Decidendi

The first and second objections lack merit as the plaint contains material facts and the certificate of agency was properly filed; the third objection is meritorious as paragraph 11 was not verified, but the defect is curable by amendment rather than striking out the suit.

Court Disposition

Objections partly allowed and partly dismissed

Orders

  • First and second preliminary objections dismissed
  • Third preliminary objection allowed to the extent that plaintiff may amend plaint to cure verification defect