LAND CASE NO

LAND CASE NO

Failure to disclose when the cause of action arose and to provide a sufficient description of the suit land are fatal defects under the Civil Procedure Code, rendering the plaint incompetent and liable to be struck out.

Citation
LAND CASE NO
Parties
Plaintiff: Sofia Abdallah; 1st Defendant: Lindi Municipal Council; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Plaint struck out with costs
Legal Topics
Pleading Requirements, Description of Property, Cause of Action, Jurisdiction, Limitation of Actions
Source Language
English
Civil Procedure Land Law Pleading Requirements Description of Property Cause of Action Jurisdiction Limitation of Actions

Case Brief

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Parties

Sofia Abdallah

Plaintiff

Lindi Municipal Council

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint discloses when the cause of action arose as required by Order VII Rule 1(e) of the Civil Procedure Code
  2. 2 Whether the plaint contains a sufficient description of the suit land as required by Order VII Rule 3 of the Civil Procedure Code

Ratio Decidendi

Failure to disclose when the cause of action arose and to provide a sufficient description of the suit land are fatal defects under the Civil Procedure Code, rendering the plaint incompetent and liable to be struck out.

Court Disposition

Plaint struck out with costs

Orders

  • The plaint is struck out with costs.