quality group ltd vs image properties and estates ltd 2013 tzhc 2145 2 september 2013

quality group ltd vs image properties and estates ltd 2013 tzhc 2145 2 september 2013

The plaint contains sufficient facts showing jurisdiction within its body; the matter in issue is not directly and substantially in issue in the other pending cases; the plaintiff has a cause of action based on the defendant's refusal to allow removal of property, regardless of the lease's expiry.

Citation
quality group ltd vs image properties and estates ltd 2013 tzhc 2145 2 september 2013
Parties
Plaintiff: Quality Group Ltd; Defendant: Image Properties and Estate Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2013
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Jurisdiction, Res Sub Judice, Cause of Action, Pleadings
Source Language
English
Civil Procedure Land Law Jurisdiction Res Sub Judice Cause of Action Pleadings

Case Brief

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Parties

Quality Group Ltd

Plaintiff

Image Properties and Estate Ltd.

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is incurably defective for not stating facts relating to jurisdiction
  2. 2 Whether the suit is res sub judice
  3. 3 Whether the plaintiff has a cause of action against the defendant

Ratio Decidendi

The plaint contains sufficient facts showing jurisdiction within its body; the matter in issue is not directly and substantially in issue in the other pending cases; the plaintiff has a cause of action based on the defendant's refusal to allow removal of property, regardless of the lease's expiry.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • All three preliminary objections are dismissed
  • Defendant to pay costs