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Tanzania decisions
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The suit is incompetent because there are pending proceedings in the Court of Appeal involving the same parties and subject matter; therefore, the High Court lacks jurisdiction.
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Failure to serve the mandatory 90 days' statutory notice of intention to sue on government defendants renders the suit incompetent and liable to be struck out, regardless of whether government officers are sued jointly with non-government parties.
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The suit is incompetent for failure to join the Director of Survey and Mapping, Commissioner for Lands, and Registrar of Titles as necessary parties, as the reliefs sought directly involve their statutory functions.
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The High Court at Dodoma struck out a land suit as incompetent after the plaintiffs conceded preliminary objections based on pleading defects and lack of proper government notice.
The High Court struck out a land suit after the plaintiff conceded preliminary objections based on defective pleadings and failure to comply with government notice requirements.
The High Court struck out a civil suit after finding the plaintiff had not proved service of the mandatory 90-day notice to the Attorney General and Solicitor General.
A defective verification clause is a fatal defect that cannot be cured by the overriding objective principle; each paragraph must be individually verified as required by law.
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The High Court struck out a land application after holding that mandatory 90-day notice to government defendants under section 6(2) was not properly served.
The plaint failed to state when the cause of action arose as required by Order VII Rule 1(e) of the Civil Procedure Code. The use of the word 'recently' is insufficient, and reliance on annexures is not permitted. This omission renders the suit incompetent and liable to be struck out.
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The High Court struck out a company’s suit after upholding a preliminary objection that no board resolution authorized the proceedings.
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