20170620 TZHC Mbeya

20170620 TZHC Mbeya

The suit was instituted 17 years after the cause of action accrued, exceeding the 12-year limitation period, and the respondent lacked locus standi at the time of filing as she was not yet appointed administratrix. The trial tribunal thus lacked jurisdiction, and the respondent failed to prove her case on a balance of probabilities.

Citation
20170620 TZHC Mbeya
Parties
Appellant: Aderehema Twelve; Appellant: Ibrahim Chengula; Appellant: Esturida Hilali Sanga; Appellant: Sidoli Issa Chaula; Respondent: Beth James Mahali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 June 2017
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Locus Standi, Jurisdiction, Burden of Proof
Source Language
English
Land Law Civil Procedure Limitation of Actions Locus Standi Jurisdiction Burden of Proof

Case Brief

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Parties

Aderehema Twelve

Appellant

Ibrahim Chengula

Appellant

Esturida Hilali Sanga

Appellant

Sidoli Issa Chaula

Appellant

Beth James Mahali

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the suit was time barred under the Law of Limitation Act
  2. 2 Whether the respondent had locus standi at the time of instituting the suit
  3. 3 Whether the trial tribunal had jurisdiction to entertain the suit

Ratio Decidendi

The suit was instituted 17 years after the cause of action accrued, exceeding the 12-year limitation period, and the respondent lacked locus standi at the time of filing as she was not yet appointed administratrix. The trial tribunal thus lacked jurisdiction, and the respondent failed to prove her case on a balance of probabilities.

Court Disposition

Appeal allowed

Orders

  • Judgment of the District Land and Housing Tribunal quashed
  • No order as to costs