20140530 TZHC Iringa1

20140530 TZHC Iringa1

The order striking out the appellant's suit for lack of locus standi completely extinguished his rights and interests in the suit land, thus it is a final order and is appealable. The preliminary objection that the appeal is incompetent is untenable and is overruled.

Citation
20140530 TZHC Iringa1
Parties
Appellant: Nathan Edward Mnyawami; Respondent: Pendamacheko Makongwa; Respondent: Fadhili Kinyamagoha; Respondent: Thobias Njaro; Respondent: Naited Mtego; Respondent: Samwel Lukiginile; Respondent: Merina Mkemwa; Respondent: Bathelomeo Kaiwanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2014
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Locus Standi, Appealability of Interlocutory Orders, Preliminary Objection
Source Language
English
Land Law Civil Procedure Locus Standi Appealability of Interlocutory Orders Preliminary Objection

Case Brief

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Parties

Nathan Edward Mnyawami

Appellant

Pendamacheko Makongwa

Respondent

Fadhili Kinyamagoha

Respondent

Thobias Njaro

Respondent

Naited Mtego

Respondent

Samwel Lukiginile

Respondent

Merina Mkemwa

Respondent

Bathelomeo Kaiwanga

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order striking out the appellant's suit for lack of locus standi is appealable
  2. 2 Whether the preliminary objection on appeal's competence is tenable

Ratio Decidendi

The order striking out the appellant's suit for lack of locus standi completely extinguished his rights and interests in the suit land, thus it is a final order and is appealable. The preliminary objection that the appeal is incompetent is untenable and is overruled.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Preliminary objection rejected
  • Respondents to pay costs