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Tanzania decisions
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The High Court allowed a land appeal, holding that the tribunal claim was incompetent because the pleadings were ambiguous, prejudicial, and failed to clearly identify the cause of action.
The preliminary objections are overruled because the issue of when the cause of action arose is a matter requiring evidence and cannot be determined at the preliminary stage; thus, the suit is not shown to be time barred or lacking a cause of action on the face of the pleadings.
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The High Court at Moshi struck out a land suit over Plot 67 Block K for non-joinder of the Registrar of Titles, while dismissing time-bar and other objections.
The High Court dismissed a land appeal, holding that prior dismissals for want of prosecution were not on the merits, but the fresh suit used the same causes of action.
The preliminary objections failed because they either did not raise pure points of law or were based on factual issues requiring evidence; the plaint disclosed a cause of action and the procedural irregularity was a clerical error.
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The facts and pleadings do not disclose any cause of action or relief against Mr. Mohamed J. Aziz, Naberera village council, or Landanai village council. Their absence does not render any decree ineffective; thus, they are not necessary parties.
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The plaint does not disclose a cause of action against the 1st, 3rd, 4th, 5th, 6th, and 7th defendants as there are no factual allegations requiring proof by the plaintiff for him to succeed in his suit. Therefore, the preliminary objection is sustained and the plaint is rejected with costs.
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The High Court struck out a land suit because it was refiled after a prior withdrawal without leave, finding the same cause of action. A jurisdiction objection failed.
Failure to join the Commissioner for Lands, who is a necessary party due to the pleaded facts against the office, renders the suit incompetent and liable to be struck out.
Source excerpt
The High Court dismissed a borrower’s appeal after finding no disclosed cause of action against the bank and no evidence of breach of the loan agreement.
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