20021029 TZHC Arusha

20021029 TZHC Arusha

The dispute is fundamentally a landlord and tenant matter, and the Regional Housing Tribunal is the appropriate forum. The High Court will not entertain the matter where a special forum exists unless no remedy is available there. The suit is struck out for want of jurisdiction.

Citation
20021029 TZHC Arusha
Parties
Plaintiff: Valeriani Ariseni Shirima; Defendant: Not specified
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2002
Procedural Posture
Civil Suit (landlord and Tenant/land Dispute) / Preliminary Objection Ruling
Outcome
Suit struck out for want of jurisdiction
Legal Topics
Jurisdiction, Land Disputes, Lease Agreements, Verification of Pleadings
Source Language
English
Civil Procedure Land Law Landlord and Tenant Jurisdiction Land Disputes Lease Agreements Verification of Pleadings

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Parties

Valeriani Ariseni Shirima

Plaintiff

Not specified

Defendant

Procedural Posture

Civil Suit (landlord and Tenant/land Dispute) / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain landlord and tenant disputes
  2. 2 Whether the suit is bad in law for lack of proper verification
  3. 3 Whether the plaint discloses a cause of action

Ratio Decidendi

The dispute is fundamentally a landlord and tenant matter, and the Regional Housing Tribunal is the appropriate forum. The High Court will not entertain the matter where a special forum exists unless no remedy is available there. The suit is struck out for want of jurisdiction.

Court Disposition

Suit struck out for want of jurisdiction

Orders

  • Suit struck out with costs