20121031 TZHC Mwanza

20121031 TZHC Mwanza

Neither BAKWATA MUGANGO nor MAFURU KIRAKA had legal capacity or locus standi to sue or be sued in the proceedings; the tribunals erred in entertaining the matter between improper parties and in calling for additional evidence without proper application or procedure.

Citation
20121031 TZHC Mwanza
Parties
Appellant: BAKWATA MUGANGO; Respondent: MAFURU KIRAKA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2012
Procedural Posture
Miscellaneous Land Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Capacity to Sue, Locus Standi, Trusts, Additional Evidence on Appeal
Source Language
English
Land Law Civil Procedure Capacity to Sue Locus Standi Trusts Additional Evidence on Appeal

Case Brief

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Parties

BAKWATA MUGANGO

Appellant

MAFURU KIRAKA

Respondent

Procedural Posture

Miscellaneous Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether BAKWATA MUGANGO is a legal entity with capacity to sue or be sued
  2. 2 Whether MAFURU KIRAKA had locus standi to defend or appeal
  3. 3 Whether the appellate tribunal properly called for additional evidence

Ratio Decidendi

Neither BAKWATA MUGANGO nor MAFURU KIRAKA had legal capacity or locus standi to sue or be sued in the proceedings; the tribunals erred in entertaining the matter between improper parties and in calling for additional evidence without proper application or procedure.

Court Disposition

appeal allowed

Orders

  • All proceedings and judgments of the Ward Tribunal and District Land and Housing Tribunal are quashed.
  • Matter to start de novo by proper parties.