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Tanzania decisions
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The plaint was defective due to improper case classification and insufficient description of the suit land, failing mandatory requirements under Order VII, Rule 3 of the Civil Procedure Code.
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The respondent failed to provide a sufficient description of the disputed land in the pleadings as required by law, and the Tribunal erred by granting relief based on particulars introduced only during the visit to the locus in quo, rendering the proceedings, judgment, and decree invalid.
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The High Court dismissed objections over missing annexures and fair hearing, but held the Registrar of Titles was a necessary party and ordered amendment.
Filling Part B of CMA F1 while indicating the dispute as breach of contract made the form defective, rendering the CMA proceedings and award a nullity.
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The High Court struck out a land suit after finding the plaintiff lacked locus standi, the plaint omitted the date of accrual, and it failed pleading requirements.
The Court of Appeal dismissed a land appeal, upholding findings that the plaintiffs owned the disputed land, the allocation to the appellant was unlawful, and general damages were proper.
The respondent's suit was time barred as it was instituted more than 12 months after the cause of action accrued, and the plaint did not plead any ground for exemption from limitation; therefore, the High Court lacked jurisdiction and its proceedings, judgment, and decree are nullified.
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The plaintiff failed to provide a sufficient description of the suit property as required by Order VII Rule 3 of the Civil Procedure Code, rendering the suit incompetent and subject to being struck out.
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The plaint failed to provide a sufficient description of the suit property within its body as required by Order VII Rule 3 of the Civil Procedure Code. Annexures cannot cure this defect. The suit is incompetent and must be struck out.
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The appeal was dismissed because the appellant failed to specify the size and boundaries of the disputed land in his original application, which is a fatal irregularity. The District Land and Housing Tribunal properly exercised its discretion in granting extension of time to address the illegality.
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