Codex Development Services and Others vs The Receiver and Manager TSMLL and Another (Civil Case No. 215 of 1997) [2000] TZHC 165 (15 September 2000)

.. IN THE HIGH cotmT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAI; 'ES SAL!v\M ...... -.--.--...----. !-•- CODEX DEVELOPMENT SERVIC:SS ) AND 20 OTHERS ) eoo•eoo•eoo•• Versus THE P.ECEIVBR AND H/.NAGER ) 0•000000••••0• TSTML AND AN0rr!ER ) RULING -· .......... --- PLAINTIFF DEFEI'IDM{TS In this su.;i..t, the original 19 plaintiffs (they are now less as others have abandoned it) are suing the defendant's for several reliefs which I need not set out in this .1ling. Learned counsel for th,.· first defendant has raised preliminary objections which are to the effect that the plaint is defectiye for improper verification; that .the ~ubject matter of ·the su.it is not a Yalid document; and that only one out of the 19 plaintiffs sie,;1ed the plaint. By an order of the _CoU+tt lhe learned advocates-filed written submissions.

2 I have carefully considered the written submissions. To start with, it is incorrect to say that only one plaintiff signed the Amended Plaint. A glance at tho Amended plaint shows that all the original 19 plaintiffs signed itZ As for the ,rerification, suffice it to say that it was properly ' ' I verified as 1::he source of the informo.tion has been d:i..sclosedo The verification of a plaint $hould not be confused with verification of an affidavit. As for the legality or othwrwise of the lease agreement, I respectfully agree with learned counsel for the plaintiffs that that will be a question of evidence. For these reaso111s, the preliminary objections are hereby overruled. Cos~; sh..'3.ll be in the cau,seo 15/9/2000: Coram: M.shote - SDR-HC B.D. CEIPETA JUDGE Mr,. Mpuya/ ) ) Mwakyembe} for the Plaintj_ffs Absent; for the Defendants CC~ Lazm-ous

3 Ruling delivered in Chambers this 15th September, 2000 in the presence of iJ'iT' c Mpaya for Dr. Mwakyembe in the absence of the Defendanto (Sgd): "FoS. MSH0T:8 SENIOR DEPUTY P.EGISTRA.R 9.E.,~e3:: Mention in Chambers on 18/10/2000., ( Sgd): F oS. r,!SHOTE SENIOR DEPUTY REGISTRAR