binde shaban mbinde others vs stella lyelyu mgimwa 2006 tzhc 219 8 june 2006
The suit was improperly instituted as it was not a representative suit, the plaintiffs lacked locus standi, and the Court of Resident Magistrate lacked jurisdiction to grant declaratory orders; thus, the suit was struck out with costs.
- Citation
- binde shaban mbinde others vs stella lyelyu mgimwa 2006 tzhc 219 8 june 2006
- Parties
- Appellant: Binde Shabani Binde; Appellant: Samson Mtaki Mganga; Appellant: Mtao Hamisi Mrisho; Respondent: Stella Lyelyu Mgimwa
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 June 2006
- Procedural Posture
- Civil Appeal / Ruling/order on Appeal
- Outcome
- appeal dismissed; original suit struck out with costs
- Legal Topics
- Locus Standi, Representative Suits, Declaratory Orders, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Binde Shabani Binde
Appellant
Samson Mtaki Mganga
Appellant
Mtao Hamisi Mrisho
Appellant
Stella Lyelyu Mgimwa
Respondent
Procedural Posture
Civil Appeal / Ruling/order on Appeal
Legal Issues
- 1 Whether the plaintiffs had locus standi to institute the suit
- 2 Whether the suit was properly instituted as a representative suit
- 3 Whether the Court of Resident Magistrate had jurisdiction to grant declaratory orders
Ratio Decidendi
The suit was improperly instituted as it was not a representative suit, the plaintiffs lacked locus standi, and the Court of Resident Magistrate lacked jurisdiction to grant declaratory orders; thus, the suit was struck out with costs.
Court Disposition
appeal dismissed; original suit struck out with costs
Orders
- RM Civil Case No. 5/2003 is struck out with costs
Full Case Text
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