benson elikana mafuwe vs crdb bank plc and another 2020 tzhclandd 4003 14 december 2020

benson elikana mafuwe vs crdb bank plc and another 2020 tzhclandd 4003 14 december 2020

The plaintiff failed to plead or demonstrate sufficient interest in the suit property, as he is neither the administrator nor executor of the deceased's estate, and thus lacks locus standi to bring the action.

Citation
benson elikana mafuwe vs crdb bank plc and another 2020 tzhclandd 4003 14 december 2020
Parties
Plaintiff: Benson Elikana Mafuwe; 1st Defendant: CRDB Bank PLC; 2nd Defendant: Comrade Auction Mart Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Land Case / Preliminary Objection Ruling
Outcome
Suit struck out with costs
Legal Topics
Locus Standi, Estate Administration, Mortgage, Injunctions
Source Language
English
Civil Procedure Land Law Locus Standi Estate Administration Mortgage Injunctions

Case Brief

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Parties

Benson Elikana Mafuwe

Plaintiff

CRDB Bank PLC

1st Defendant

Comrade Auction Mart Company Ltd

2nd Defendant

Procedural Posture

Land Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the plaintiff has locus standi to institute the suit regarding the suit property

Ratio Decidendi

The plaintiff failed to plead or demonstrate sufficient interest in the suit property, as he is neither the administrator nor executor of the deceased's estate, and thus lacks locus standi to bring the action.

Court Disposition

Suit struck out with costs

Orders

  • The suit is struck out for lack of locus standi.
  • Plaintiff to pay costs.