omary rajabu ibrahim vs mana company t limited and others 2021 tzhclandd 182 7 may 2021

omary rajabu ibrahim vs mana company t limited and others 2021 tzhclandd 182 7 may 2021

The suit was struck out for failure to sufficiently describe the suit property as required by mandatory procedural law, rendering the suit incompetent.

Citation
omary rajabu ibrahim vs mana company t limited and others 2021 tzhclandd 182 7 may 2021
Parties
Plaintiff: Omary Rajabu Ibrahim; 1st Defendant: Mana Company Limited; 2nd Defendant: Vijay Manilal Aswala (as administratix of the estate of Pushpa Manilal Aswala); 3rd Defendant: Commissioner for Lands; 4th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 May 2021
Procedural Posture
Land Case / Judgment
Outcome
Suit struck out with costs
Legal Topics
Description of Immovable Property, Right of Occupancy, Bonafide Purchaser, Limitation of Actions
Source Language
English

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Parties

Omary Rajabu Ibrahim

Plaintiff

Mana Company Limited

1st Defendant

Vijay Manilal Aswala (as administratix of the estate of Pushpa Manilal Aswala)

2nd Defendant

Commissioner for Lands

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Land Case / Judgment

  1. 1 Whether the suit is time barred
  2. 2 What is the suit property
  3. 3 Whether the suit property belongs to the Plaintiff

Ratio Decidendi

The suit was struck out for failure to sufficiently describe the suit property as required by mandatory procedural law, rendering the suit incompetent.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out for incompetence due to insufficient property description
  • Plaintiff to pay costs