twiga barncorp ltd vs songoro marine transport ltd 2005 tzhccomd 34 12 april 2005

twiga barncorp ltd vs songoro marine transport ltd 2005 tzhccomd 34 12 april 2005

The suit is not wholly based on mortgage, and the plaintiff did not seek any prayer based on mortgage; therefore, the notice requirement under the Land Act does not apply. The omission to date the plaint is a curable defect, not warranting dismissal at this stage.

Citation
twiga barncorp ltd vs songoro marine transport ltd 2005 tzhccomd 34 12 april 2005
Parties
Plaintiff: Twiga Ban Corp Ltd; 1st Defendant: Songoro Marine Transport Limited; 2nd Defendant: Salehe Mohamed Songoro; 3rd Defendant: Moza Songoro
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 April 2005
Procedural Posture
Civil Commercial Suit / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs; plaintiff ordered to amend plaint to cure dating defect.
Legal Topics
Preliminary Objection, Mortgage Notice Requirements, Pleading Formalities
Source Language
English
Civil Procedure Banking Law Commercial Law Preliminary Objection Mortgage Notice Requirements Pleading Formalities

Case Brief

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Parties

Twiga Ban Corp Ltd

Plaintiff

Songoro Marine Transport Limited

1st Defendant

Salehe Mohamed Songoro

2nd Defendant

Moza Songoro

3rd Defendant

Procedural Posture

Civil Commercial Suit / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is bad in law for failure to issue requisite notice under the Land Act
  2. 2 Whether the suit is based on mortgage requiring compliance with notice provisions
  3. 3 Whether omission to date the plaint renders it incompetent

Ratio Decidendi

The suit is not wholly based on mortgage, and the plaintiff did not seek any prayer based on mortgage; therefore, the notice requirement under the Land Act does not apply. The omission to date the plaint is a curable defect, not warranting dismissal at this stage.

Court Disposition

Preliminary objection dismissed with costs; plaintiff ordered to amend plaint to cure dating defect.

Orders

  • Plaintiff to amend plaint and reply to include date and place of dating immediately after delivery of ruling.
  • Matter fixed for mediation by consent before Judge on 11th May 2005.