20121031 TZHC Mwanza

20121031 TZHC Mwanza

Neither BAKWATA MUGANGO nor MAFURU KIRAKA were proper parties; the proceedings were instituted by a nonexistent entity against a person without locus standi. The appellate tribunal improperly called for additional evidence without application and failed to afford cross-examination rights.

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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

BAKWATA MUGANGO

Appellant

MAFURU KIRAKA

Respondent

Procedural Posture

Miscellaneous Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether BAKWATA MUGANGO has capacity to sue or be sued
  2. 2 Whether MAFURU KIRAKA has 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 were proper parties; the proceedings were instituted by a nonexistent entity against a person without locus standi. The appellate tribunal improperly called for additional evidence without application and failed to afford cross-examination rights.

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.