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Tanzania decisions
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The High Court of Tanzania overruled a preliminary objection that the plaint was defective for lack of proper verification, holding the defect was curable by amendment.
The suit is unmaintainable for failure to comply with the mandatory requirement of serving a 90 days' notice to all relevant government entities and for failure to join the District Executive Director as a necessary party; the verification of the plaint is incurably defective, and these defects are not curable by the Oxygen principle or provisions on misjoinder/nonjoinder of parties.
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The High Court at Kigoma struck out a land suit after finding a defective verification clause and improper joinder of the Commissioner for Lands.
The High Court struck out a land application after holding that the supporting affidavit was defective because it was sworn by a non-applicant and verified by the applicants.
The plaint failed to state specific damages, only general damages were claimed, which does not establish the court's pecuniary jurisdiction. This omission is fatal and renders the suit incompetent, warranting its striking out.
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The suit is unmaintainable due to failure to sign and verify pleadings by the party as required by Order VI Rules 14 and 15 CPC and joinder of a non-existing party (Mtumba Village Council), warranting striking out of the suit.
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A petition of appeal is not a pleading as defined by the Civil Procedure Code and therefore does not require verification; the preliminary objection is unmerited.
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The suit arises from a commercial loan secured by land, which is a commercial transaction falling within the jurisdiction of the Commercial Division, not the Land Division. Additionally, the plaint's verification clause failed to comply with mandatory procedural requirements, rendering the plaint fatally defective.
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The Written Statement of Defense filed by the 5th and 6th defendants was defective as it was verified by the plaintiff, not by the defendants themselves, contravening mandatory procedural requirements.
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The plaint is incurably defective due to discrepancies in the number and status of plaintiffs and failure to state pecuniary jurisdiction, both of which are mandatory requirements under the Civil Procedure Code. The suit is struck out in its entirety.
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