sameer mohamed vs the temeke municipal council 8 others 2022 tzhclandd 12454 27 october 2022

sameer mohamed vs the temeke municipal council 8 others 2022 tzhclandd 12454 27 october 2022

The preliminary objections are overruled because the defendants failed to establish that the suit is time barred, the plaint discloses a sufficient cause of action, and the issue of compensation is evidentiary and not suitable for preliminary objection.

Citation
sameer mohamed vs the temeke municipal council 8 others 2022 tzhclandd 12454 27 october 2022
Parties
Plaintiff: Sameer Mohamed; 1st Defendant: Temeke Municipal Council; 2nd Defendant: The Attorney General; 3rd Defendant: Sophia Bakari Imonje; 4th Defendant: Jackon Barikiel Ulotu; 5th Defendant: Sami George Mahenge; 6th Defendant: Wakubemba Bakari Busolo; 7th Defendant: Bakari Athuman Ndolwa; 8th Defendant: Mariam Kondo Mahenge; 9th Defendant: Selemani Kondo Mahenge
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 October 2022
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
All preliminary objections overruled with costs.
Legal Topics
Limitation of Actions, Cause of Action, Preliminary Objection, Compensation for Land, Citizenship and Land Ownership
Source Language
English
Land Law Civil Procedure Limitation of Actions Cause of Action Preliminary Objection Compensation for Land Citizenship and Land Ownership

Case Brief

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Parties

Sameer Mohamed

Plaintiff

Temeke Municipal Council

1st Defendant

The Attorney General

2nd Defendant

Sophia Bakari Imonje

3rd Defendant

Jackon Barikiel Ulotu

4th Defendant

Sami George Mahenge

5th Defendant

Wakubemba Bakari Busolo

6th Defendant

Bakari Athuman Ndolwa

7th Defendant

Mariam Kondo Mahenge

8th Defendant

Selemani Kondo Mahenge

9th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the plaintiff has a cause of action against the defendants
  3. 3 Whether compensation was paid to the late Kondo Selemani Mahenge

Ratio Decidendi

The preliminary objections are overruled because the defendants failed to establish that the suit is time barred, the plaint discloses a sufficient cause of action, and the issue of compensation is evidentiary and not suitable for preliminary objection.

Court Disposition

All preliminary objections overruled with costs.

Orders

  • Preliminary objections by 8th and 9th defendants dismissed.
  • Case to proceed on merits.