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The High Court struck out a land suit for lack of sufficient description of the disputed land, holding the plaint was incompetent under Order VII Rule 3 CPC.
The respondent established lawful acquisition of the disputed one acre of land by purchase from the original owner, supported by credible evidence, while the appellants' evidence was inconsistent and failed to prove valid acquisition. The process of survey and title acquisition by the appellants was void ab initio as it was based on land not validly acquired. Joinder of the Registrar of Title and other parties was unnecessary as no relief was sought against them.
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The High Court allowed a land appeal, quashing the tribunal’s decision for inadequate land description and unexplained removal of parties.
The respondent failed to provide a sufficient description of the disputed land in the pleadings as required by law, and the Tribunal erred by granting relief based on particulars introduced only during the visit to the locus in quo, rendering the proceedings, judgment, and decree invalid.
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The suit is struck out for failure to serve the mandatory 90 days' notice of intention to sue to the 15th and 16th defendants as required by law. This omission renders the suit incompetent and disposes of the matter without need to address other objections.
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The appellant failed to provide sufficient evidence or proper description of the suit land, rendering the application incompetent; the tribunal correctly analyzed the evidence and dismissed the application, and the appeal is without merit.
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The High Court allowed a land appeal, holding that the tribunal lacked jurisdiction because the suit land was not sufficiently described in the pleadings and evidence.
The appeal was dismissed because the respondent's description of the suit land was found satisfactory, both parties were knowledgeable about the land, and the appellant failed to cross-examine the respondent on material facts, amounting to acceptance of the respondent's testimony that only one acre was given temporarily. There was no credible evidence that the appellant was given the entire land permanently.
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The High Court struck out a land suit after finding the plaintiff had sued a non-existent first defendant, Mkokwa Local Government, and the misjoinder was not bona fide.
The applicant demonstrated arguable grounds regarding the description of the suit land and the authenticity of tribunal proceedings, warranting leave to appeal to the Court of Appeal.
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