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Tanzania Case Law

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Civil procedure RULING BAZIL MAGOHE

RULING BAZIL MAGOHE

The High Court struck out a land suit after finding the plaint failed to sufficiently describe the immovable property as required by Order VII Rule 3 CPC.

  • Description of immovable property in plaint
  • Order vii rule 3 civil procedure code
  • Defective plaint
  • Surveyed and unsurveyed land
  • Civil-procedure
  • Land-law
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Civil procedure Ruling ATHANAS SELESTINE KAIJE VS SENGERMA DISTRIC COUNCIL 3 OTHERS

Ruling ATHANAS SELESTINE KAIJE VS SENGERMA DISTRIC COUNCIL 3 OTHERS

The plaint failed to provide a sufficient description of the disputed land as required by Order VII Rule 3 of the Civil Procedure Code, rendering the suit incurably defective and incompetent ab initio; the preliminary objection on this ground was sustained and the suit struck out with costs.

  • Description of immovable property in plaint
  • Preliminary objection
  • Non-joinder of parties
  • Competence of plaint
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Civil procedure hamisi mwinshehe pembe as an administrator of the estate of the late juma hamisi matua vs morogoro municipal council attorney general 2023 tzhc 22329 31 october 2023

hamisi mwinshehe pembe as an administrator of the estate of the late juma hamisi matua vs morogoro municipal council attorney general 2023 tzhc 22329 31 october 2023

The High Court struck out a land suit after finding the plaint failed to sufficiently describe the disputed property, contrary to Order VII Rule 3 CPC.

  • Description of immovable property in plaint
  • Locus standi
  • Preliminary objections
  • Jurisdiction
  • Land-law
  • Civil-procedure
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Civil procedure khamis ramadhani mggalu vs attorney general 6 others 2022 tzhclandd 12607 25 november 2022

khamis ramadhani mggalu vs attorney general 6 others 2022 tzhclandd 12607 25 november 2022

The High Court struck out a land plaint for failing to sufficiently describe the suit land under Order VII Rule 3 of the Civil Procedure Code.

  • Description of immovable property in plaint
  • Pleading requirements
  • Striking out plaints
  • Land-law
  • Civil-procedure
  • Pleading-requirements
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Land law richard mathias ngonehu others vs mbeya city council 2019 tzhc 15784 31 july 2019

richard mathias ngonehu others vs mbeya city council 2019 tzhc 15784 31 july 2019

The High Court dismissed a land compensation suit after finding the plaint failed to sufficiently describe the disputed land and prove individual ownership.

  • Compensation for acquired land
  • Description of immovable property in plaint
  • Proof of ownership
  • Procedural requirements for land disputes
  • Land-law
  • Civil-procedure
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Civil procedure OMARY ALI MIRAJI EDITED 2222

OMARY ALI MIRAJI EDITED 2222

The plaint does not provide a description of the subject matter sufficient to identify the disputed 1158 acres of land. The title number refers to a larger area, and the boundaries of the disputed portion are not specified. This contravenes Order VII rule 3 of the CPC, making the plaint incompetent.

  • Description of immovable property in plaint
  • Preliminary objection
  • Striking out suit
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