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The High Court at Manyara struck out defective witness statements and dismissed the suit for want of prosecution after finding mandatory procedural rules were breached.
The plaintiff failed to file a formal application for extension of time and did not account for each day of delay. The oral application was made on the hearing date without emergency justification. There was no evidence of delayed issuance of the control number. The court found no basis to exercise discretion to extend time, and thus struck out the plaintiff's witness statement for non-service.
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The suit is incompetent for failure to comply with mandatory requirements of stating jurisdiction and value of the subject matter in the plaint, and for failure to serve the statutory 90 days' notice to the Government. Both preliminary objections are upheld and the suit is struck out.
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The suit is struck out because the verification clause in the plaint is defective, lacking date and place, and no leave to amend was sought; the court cannot excuse such defect where legal representation was engaged.
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The High Court held that lack of clear property description warranted striking out, not dismissal, but upheld refusal to permit amendment after evidence had begun.
The joint counter affidavit contained paragraphs with legal arguments, objections, and prayers, contrary to the rules governing affidavits. After expunging the defective paragraphs, the remaining content could not salvage the affidavit, necessitating that the entire counter affidavit be struck out as incurably defective.
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The suit is time barred as the cause of action arose in 2011, and the suit was filed in 2024, exceeding the 12-year limitation period for land recovery. The attempt to change the period of the cause of action in the current plaint is a circumvention of admitted facts and is not permissible.
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Defendants failed to comply with the court order to file witness statements by 19th December 2023; witness statements filed out of time without leave must be struck out, and case proceeds ex parte against Defendants.
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All preliminary objections fail as the issues raised require evidence and cannot be determined at the preliminary stage; the plaint discloses a cause of action; and any defects in verification or signing are not fatal and can be cured by amendment.
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The High Court struck out a counterclaim in a land dispute after finding a necessary party had not been joined or even identified, making effective adjudication impossible.
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