resco t limited vs national housing corporation another 2012 tzhc 24 25 june 2012

The preliminary objections do not raise pure points of law as the facts are contested and require further evidence; therefore, the objections are dismissed with costs.

Citation: resco t limited vs national housing corporation another 2012 tzhc 24 25 june 2012
Parties: Plaintiff: RESCO (T) LIMITED; 1st Defendant: National Housing Corporation; 2nd Defendant: Muharaka Trading Co. Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 June 2012
Procedural Posture: Land Case / Ruling on Preliminary Objections
Outcome: Preliminary objections dismissed with costs
Legal Topics: Preliminary Objection, Locus Standi, Cause of Action, Lease Agreement, Eviction
Source Language: English

Civil Procedure Land Law Preliminary Objection Locus Standi Cause of Action Lease Agreement Eviction

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Parties

RESCO (T) LIMITED

Plaintiff

National Housing Corporation

1st Defendant

Muharaka Trading Co. Ltd

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

1 Whether the plaintiff has locus standi against the first defendant
2 Whether the plaintiff has a cause of action against the first defendant
3 Whether the preliminary objections raise pure points of law

Ratio Decidendi

The preliminary objections do not raise pure points of law as the facts are contested and require further evidence; therefore, the objections are dismissed with costs.

Court Disposition

Preliminary objections dismissed with costs

Orders

Preliminary objections dismissed
Costs awarded to plaintiff