Land Case No

Land Case No

The suit is incompetent as the first plaintiff, who was required to sue as legal representative of his late father, appeared in his individual capacity, resulting in lack of locus standi and necessitating the suit to be struck out.

Citation
Land Case No
Parties
Plaintiffs: Hassan Salehe Ndengenyu and Gustav D.K. Mihanjo and 87 Others; 1st Defendant: Director General Export Processing Zones Authority; 2nd Defendant: Permanent Secretary Ministry of Lands and Human Settlement Developments; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Land Case / Ruling on Preliminary Objection After Remittal From Court of Appeal
Outcome
Suit struck out with no order as to costs
Legal Topics
Locus Standi, Legal Representation, Order I Rule 8 CPC, Striking Out Pleadings
Source Language
English
Civil Procedure Land Law Locus Standi Legal Representation Order I Rule 8 CPC Striking Out Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Hassan Salehe Ndengenyu and Gustav D.K. Mihanjo and 87 Others

Plaintiffs

Director General Export Processing Zones Authority

1st Defendant

Permanent Secretary Ministry of Lands and Human Settlement Developments

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the suit is competent where the first plaintiff appears in his individual capacity instead of as legal representative of his late father
  2. 2 Whether the suit should be struck out for want of locus standi

Ratio Decidendi

The suit is incompetent as the first plaintiff, who was required to sue as legal representative of his late father, appeared in his individual capacity, resulting in lack of locus standi and necessitating the suit to be struck out.

Court Disposition

Suit struck out with no order as to costs

Orders

  • Suit struck out
  • No order as to costs