zamda amrani mdemu vs bank of africa tanzania ltd 2 others 2018 tzhc 2474 28 march 2018

zamda amrani mdemu vs bank of africa tanzania ltd 2 others 2018 tzhc 2474 28 march 2018

The suit is based on contract and not on land, therefore it is improperly filed as a land case.

Citation
zamda amrani mdemu vs bank of africa tanzania ltd 2 others 2018 tzhc 2474 28 march 2018
Parties
Plaintiff: Zamda Amrani Mdemu; First Defendant: Bank of Africa Tanzania Limited; Second Defendant: Gonza Food and Packing (T) Limited; Third Defendant: Best Group Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2018
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Preliminary Objection, Cause of Action, Locus Standi, Misclassification of Case
Source Language
English
Contract Law Civil Procedure Preliminary Objection Cause of Action Locus Standi Misclassification of Case

Case Brief

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Parties

Zamda Amrani Mdemu

Plaintiff

Bank of Africa Tanzania Limited

First Defendant

Gonza Food and Packing (T) Limited

Second Defendant

Best Group Tanzania Limited

Third Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the matter is a land matter
  2. 2 Whether the plaintiff has a cause of action against the defendants
  3. 3 Whether the plaintiff has locus standi

Ratio Decidendi

The suit is based on contract and not on land, therefore it is improperly filed as a land case.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs