20080306 TZHC Moshi

20080306 TZHC Moshi

The court lacks jurisdiction to entertain the suit as it is a land dispute, which must be heard by the High Court (Land Division) or other designated land courts. The preliminary objection on jurisdiction is upheld and the suit is struck out with costs.

Source-derived case information.

Citation
20080306 TZHC Moshi
Parties
Plaintiff: Theo Trading Company Ltd; 1st Defendant: Kimasio Rural Co-op. Soc. Ltd.; 2nd Defendant: Alois S.M. Kittau; 3rd Defendant: Clement J. Mushi; 4th Defendant: Laurance C. Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 March 2008
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit struck out for want of jurisdiction with costs.
Legal Topics
Jurisdiction, Preliminary Objection, Land Dispute, Enforcement of Lease Agreement
Source Language
english
Civil Procedure Land Law Jurisdiction Preliminary Objection Land Dispute Enforcement of Lease Agreement

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Summary, issues, holding and outcome

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Parties

Theo Trading Company Ltd

Plaintiff

Kimasio Rural Co-op. Soc. Ltd.

1st Defendant

Alois S.M. Kittau

2nd Defendant

Clement J. Mushi

3rd Defendant

Laurance C. Massawe

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Written Statement of Defence was filed out of time
  2. 2 Whether the court has jurisdiction to entertain the suit as a land dispute

Ratio Decidendi

The court lacks jurisdiction to entertain the suit as it is a land dispute, which must be heard by the High Court (Land Division) or other designated land courts. The preliminary objection on jurisdiction is upheld and the suit is struck out with costs.

Court Disposition

Suit struck out for want of jurisdiction with costs.

Orders

  • Suit struck out with costs.