sameer mohamed vs sophia bakari imonje 2018 tzhclandd 117 18 may 2018

sameer mohamed vs sophia bakari imonje 2018 tzhclandd 117 18 may 2018

The points of preliminary objection raised by the defendants do not meet the legal threshold for preliminary objections as they require evidence and do not dispose of the suit; non-joinder of the Commissioner for Lands does not defeat the suit; the suit is not time barred as the cause of action arose in 2016.

Citation
sameer mohamed vs sophia bakari imonje 2018 tzhclandd 117 18 may 2018
Parties
Plaintiff: Sameer Mohamed; Defendant: Sophia Bakariimonje
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 May 2018
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
All preliminary objections dismissed with costs.
Legal Topics
Preliminary Objection, Limitation of Actions, Joinder of Parties, Citizenship and Land Ownership
Source Language
English
Civil Procedure Land Law Preliminary Objection Limitation of Actions Joinder of Parties Citizenship and Land Ownership

Case Brief

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Parties

Sameer Mohamed

Plaintiff

Sophia Bakariimonje

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is bad in law for non-joinder of the Commissioner for Lands
  2. 2 Whether the suit is time barred
  3. 3 Whether the plaintiff is a citizen of Tanzania and thus entitled to own land

Ratio Decidendi

The points of preliminary objection raised by the defendants do not meet the legal threshold for preliminary objections as they require evidence and do not dispose of the suit; non-joinder of the Commissioner for Lands does not defeat the suit; the suit is not time barred as the cause of action arose in 2016.

Court Disposition

All preliminary objections dismissed with costs.

Orders

  • All points of preliminary objection are overruled.
  • The case is to proceed on merit.