BY KUSEKWA KUSEKWA
The High Court at Arusha has dismissed all six preliminary objections raised by the Registered Trustees of the Catholic Archdiocese of Arusha and two other defendants challenging the admissibility of a land case filed by Greek national, Aliki Falanga, who claims ownership over a disputed parcel of land in Arumeru district.
Judge Nyigulile Mwaseba tossed overboard the objections after finding that none raised a pure point of law capable of disposing the suit without proceeding to a full hearing.
“I accordingly find that the preliminary objections raised by the defendants are devoid of merit and are hereby overruled. They are all dismissed with costs. It is so ordered,” the Judge declared in a ruling delivered recently.
She ordered the hearing of the main suit to proceed so that the dispute could be determined on its merits. The other defendants who jointly raised the preliminary objections were the Registered Trustees of the Franciscan Friars of Tanzania and the Registered Trustees of St. Elizabeth Sisters.
Among their objections was that the plaint was defective in law because the plaintiff was a Greek national and therefore, the court lacked jurisdiction to hear the matter and to grant the reliefs sought. The disputed parcel of land is said to have originated from a larger property measuring approximately 1,046.18 acres.
According to the plaint, portions of the land were subsequently excised, including approximately 24 acres which the plaintiff transferred to the Registered Trustees of the Archdiocese of Arusha in 1991.
The 24-acre parcel was later transferred to the Registered Trustees of the Franciscan Friars of Tanzania and eventually came into the possession of the Registered Trustees of St. Elizabeth Sisters.
Ms Falanga alleges that in 2012 the defendants went beyond the boundaries of the 24 acres that she originally transferred to the church.
The extent of the encroachment was not immediately established and neither was the date of the full hearing, which is expected to generate a lot of public interest given the nature of the parties involved.
