abraham nathaniel shoo vs samuel zabdiel tarimo and 3 others 2020 tzhclandd 2279 1 september 2020

abraham nathaniel shoo vs samuel zabdiel tarimo and 3 others 2020 tzhclandd 2279 1 september 2020

The plaintiff failed to establish any remaining interest or prima facie case against the defendants as the evidence showed the sale agreement was fully performed and the plaintiff had no locus standi. The counterclaim by the 4th defendant could not be determined in the current suit as other claimants to ownership were not parties to the counterclaim.

Citation
abraham nathaniel shoo vs samuel zabdiel tarimo and 3 others 2020 tzhclandd 2279 1 september 2020
Parties
Plaintiff: Abraham Nathaniel Shoo; 1st Defendant: Samuel Zabdiell Tarimo; 2nd Defendant: Gloria Clement Nkungu; 3rd Defendant: Ally Mbonde; 4th Defendant: Jued Homes Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 September 2020
Procedural Posture
Land Case / Ruling After Plaintiff's Case and Before Defence
Outcome
Suit dismissed with costs to 1st and 3rd defendants; 4th defendant's counterclaim struck out without costs.
Legal Topics
Ownership of Land, Sale Agreement, Locus Standi, Counterclaim, Costs
Source Language
English
Land Law Civil Procedure Ownership of Land Sale Agreement Locus Standi Counterclaim Costs

Case Brief

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Parties

Abraham Nathaniel Shoo

Plaintiff

Samuel Zabdiell Tarimo

1st Defendant

Gloria Clement Nkungu

2nd Defendant

Ally Mbonde

3rd Defendant

Jued Homes Ltd

4th Defendant

Procedural Posture

Land Case / Ruling After Plaintiff's Case and Before Defence

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case against the defendants
  2. 2 Whether the plaintiff has any remaining interest in the suit property
  3. 3 Whether the 4th defendant's counterclaim can be determined in the current suit

Ratio Decidendi

The plaintiff failed to establish any remaining interest or prima facie case against the defendants as the evidence showed the sale agreement was fully performed and the plaintiff had no locus standi. The counterclaim by the 4th defendant could not be determined in the current suit as other claimants to ownership were not parties to the counterclaim.

Court Disposition

Suit dismissed with costs to 1st and 3rd defendants; 4th defendant's counterclaim struck out without costs.

Orders

  • Main suit dismissed with costs to 1st and 3rd defendants.
  • Counterclaim of 4th defendant struck out without costs.