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Tanzania decisions
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The High Court allowed a land appeal, holding that the tribunal claim was incompetent because the pleadings were ambiguous, prejudicial, and failed to clearly identify the cause of action.
The suit was incompetent due to failure to indicate the names of all defendants; the proper remedy is to strike out the suit, not allow withdrawal or dismissal.
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The appellant failed to provide sufficient evidence or proper description of the suit land, rendering the application incompetent; the tribunal correctly analyzed the evidence and dismissed the application, and the appeal is without merit.
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The appeal was struck out because the memorandum of appeal was incompetent and the pleadings were unclear and confusing, making it impossible for the court to determine the merits of the case.
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The failure to provide a specific and definite description of the suit property in the plaint before the Trial Tribunal rendered the proceedings and decision null and void as per the requirements of Order VII Rule 3 of the Civil Procedure Code.
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The High Court dismissed a preliminary objection challenging a plaint’s competence, holding the court was functus officio after an earlier objection had been dismissed for want of prosecution.
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