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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the suit is time barred
- 2 What is the suit property
- 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
Full Case Text
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