rebecca john genya vs tanzania airports authority 3 others 2023 tzhclandd 17040 19 october 2023

rebecca john genya vs tanzania airports authority 3 others 2023 tzhclandd 17040 19 october 2023

The plaint failed to state when the cause of action arose as required by Order VII Rule 1(e) of the Civil Procedure Code. This omission is fatal and renders the suit incompetent, warranting its striking out regardless of the merits of the preliminary objections on limitation or misjoinder.

Citation
rebecca john genya vs tanzania airports authority 3 others 2023 tzhclandd 17040 19 october 2023
Parties
Plaintiff: Rebecca John Genya; 1st Defendant: Tanzania Airports Authority; 2nd Defendant: Mwijuma Seke; 3rd Defendant: Mariam Mlyanga; 4th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for incompetence
Legal Topics
Limitation of Actions, Pleading Requirements, Government Proceedings, Misjoinder of Parties
Source Language
English
Civil Procedure Land Law Limitation of Actions Pleading Requirements Government Proceedings Misjoinder of Parties

Case Brief

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Parties

Rebecca John Genya

Plaintiff

Tanzania Airports Authority

1st Defendant

Mwijuma Seke

2nd Defendant

Mariam Mlyanga

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint complies with Order VII Rule 1(e) of the Civil Procedure Code by stating when the cause of action arose
  2. 2 Whether the suit is time barred under the Law of Limitation Act
  3. 3 Whether the suit is incompetent for suing wrong parties (2nd and 3rd defendants)

Ratio Decidendi

The plaint failed to state when the cause of action arose as required by Order VII Rule 1(e) of the Civil Procedure Code. This omission is fatal and renders the suit incompetent, warranting its striking out regardless of the merits of the preliminary objections on limitation or misjoinder.

Court Disposition

Suit struck out for incompetence

Orders

  • Plaintiff's suit is struck out for non-compliance with Order VII Rule 1(e) of the Civil Procedure Code
  • No order as to costs