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Tanzania decisions
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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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An amended plaint that fails to disclose a cause of action cannot be amended again and must be rejected. Further, the suit is incompetent for non-joinder of necessary parties as previously ordered by the court.
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The plaint failed to meet the statutory threshold for description of immovable property under Order VII rule 3 of the Civil Procedure Code. This deficiency rendered the proceedings a nullity, requiring rejection of the plaint and vitiation of the trial court's judgment and decree.
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The High Court erred in striking out the plaint instead of rejecting it as required by Order VII Rule 11(a) of the Civil Procedure Code, 1966. The law does not provide for the consequences of striking out a plaint, but does provide for rejection and the right to file a fresh suit.
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The plaint contains averments that raise doubts about the third defendant's role in the management of the first defendant and the tender agreement, which can only be resolved by evidence at trial; thus, the preliminary objection on undisclosed cause of action is dismissed.
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The Court of Appeal held that striking out a suit for non-compliance with notice requirements amounted to a decree and was appealable as of right.
The High Court dismissed an appeal against rejection of a plaint for malicious prosecution, holding there was no criminal prosecution and no appeal lay.
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