CHARLES DAUDI MACHEO

CHARLES DAUDI MACHEO

The suit was struck out because it failed to comply with mandatory pleading requirements for immovable property and did not properly serve the required notice to the government, rendering it incompetent.

Citation
CHARLES DAUDI MACHEO
Parties
Plaintiffs: Charles Daudi Macheo & 9 Others; 1st Defendant: Dodoma City Council; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 July 2024
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for incompetence, no order as to costs.
Legal Topics
Preliminary Objection, Pleading Requirements, Notice to Government, Striking Out Suit
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Charles Daudi Macheo & 9 Others

Plaintiffs

Dodoma City Council

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

  1. 1 Whether the suit contravened Order VII rule 3 of the Civil Procedure Code by insufficient description of immovable property
  2. 2 Whether the suit contravened section 6(2) of the Government Proceedings Act by failure to serve proper notice to the government

Ratio Decidendi

The suit was struck out because it failed to comply with mandatory pleading requirements for immovable property and did not properly serve the required notice to the government, rendering it incompetent.

Court Disposition

Suit struck out for incompetence, no order as to costs.

Orders

  • The suit is struck out for being incompetent.
  • No order as to costs.