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Tanzania Case Law

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Civil procedure 92

92

The High Court struck out a land suit because the plaint did not sufficiently identify the disputed property under Order VII rule 3 of the CPC.

  • Description of property in plaint
  • Suing deceased persons
  • Overriding objective principle
  • Civil-procedure
  • Land-law
  • Pleadings
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Civil procedure elizabeth ndike and another vs fatuma ally shoo and 2 others 2023 tzhc 18367 20 june 2023

elizabeth ndike and another vs fatuma ally shoo and 2 others 2023 tzhc 18367 20 june 2023

The preliminary objection fails because it is not a pure point of law; it requires factual investigation to ascertain the death of the 3rd respondent, which cannot be done through a preliminary objection.

  • Preliminary objection
  • Extension of time
  • Suing deceased persons
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