zakayo mepukori ole leida vs lopolun village council and 14 others 2021 tzhc 9498 20 december 2021

zakayo mepukori ole leida vs lopolun village council and 14 others 2021 tzhc 9498 20 december 2021

The plaint was drawn and filed by an advocate without a valid practicing certificate, rendering it legally invalid and incompetent; the suit is struck out with costs.

Citation
zakayo mepukori ole leida vs lopolun village council and 14 others 2021 tzhc 9498 20 december 2021
Parties
Plaintiff: Zakayo Mepukori Ole Leida; 1st Defendant: Lopolun Village Council; 2nd Defendant: Attorney General; 3rd Defendant: Agalandus Kurtutu; 4th Defendant: Emmanuel Kilel; 5th Defendant: Maati Seki; 6th Defendant: Males Orpusngaina; 7th Defendant: Sitayataiwap; 8th Defendant: Sandya Kilei; 9th Defendant: Learam Seki; 10th Defendant: Saingulu Mbalele; 11th Defendant: Naisiriri Seki; 12th Defendant: Saitakwet Panto; 13th Defendant: Isaya Seki; 14th Defendant: Ndipapa Kilei; 15th Defendant: Laanyoni Koipitati Seki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
suit struck out as incompetent
Legal Topics
Preliminary Objection, Description of Immovable Property, Advocate's Practicing Certificate, Joinder of Necessary Parties
Source Language
English
Civil Procedure Land Law Advocacy Regulation Preliminary Objection Description of Immovable Property Advocate's Practicing Certificate Joinder of Necessary Parties

Case Brief

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Parties

Zakayo Mepukori Ole Leida

Plaintiff

Lopolun Village Council

1st Defendant

Attorney General

2nd Defendant

Agalandus Kurtutu

3rd Defendant

Emmanuel Kilel

4th Defendant

Maati Seki

5th Defendant

Males Orpusngaina

6th Defendant

Sitayataiwap

7th Defendant

Sandya Kilei

8th Defendant

Learam Seki

9th Defendant

Saingulu Mbalele

10th Defendant

Naisiriri Seki

11th Defendant

Saitakwet Panto

12th Defendant

Isaya Seki

13th Defendant

Ndipapa Kilei

14th Defendant

Laanyoni Koipitati Seki

15th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to join District Executive Director renders the suit incompetent
  2. 2 Whether failure to describe boundaries of suit land invalidates the plaint
  3. 3 Whether plaint drawn and filed by advocate without valid practicing certificate is legally effective

Ratio Decidendi

The plaint was drawn and filed by an advocate without a valid practicing certificate, rendering it legally invalid and incompetent; the suit is struck out with costs.

Court Disposition

suit struck out as incompetent

Orders

  • suit struck out with costs