Misc

Misc

The application is incompetent as the applicant, holding power of attorney, improperly filed in her own name and as intervenor without leave of the court, and lacked locus standi. The prayers were unclear and improperly combined. The application is struck out.

Citation
Misc
Parties
Applicant/intervenor: Eva Ndewalia Joseph Nangela (As Attorney for Buyuni Company Limited); 1st Respondent: Ardhi Plan Limited; 2nd Respondent: Buyuni Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Joinder of Parties, Locus Standi, Power of Attorney, Limitation of Actions, Proper Party Representation
Source Language
English
Civil Procedure Land Law Company Law Joinder of Parties Locus Standi Power of Attorney Limitation of Actions Proper Party Representation

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Parties

Eva Ndewalia Joseph Nangela (As Attorney for Buyuni Company Limited)

Applicant/intervenor

Ardhi Plan Limited

1st Respondent

Buyuni Company Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application as intervenor
  2. 2 Whether the application is competent given the applicant's designation and prayers
  3. 3 Whether the application is time barred

Ratio Decidendi

The application is incompetent as the applicant, holding power of attorney, improperly filed in her own name and as intervenor without leave of the court, and lacked locus standi. The prayers were unclear and improperly combined. The application is struck out.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs