cathmary kilapilo 2023 tzhc 22148 2 october 2023

The respondent lacked locus standi to sue as it was not registered as a cooperative society, rendering the proceedings incompetent.

Citation: cathmary kilapilo 2023 tzhc 22148 2 october 2023
Parties: Appellant: Cathmary Kilapilo; Respondent: Solidarity Group
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 October 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal struck out
Legal Topics: Locus Standi, Registration of Cooperative Societies, Loan Recovery
Source Language: English

Case Brief

Summary, issues, holding and outcome

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4

Cathmary Kilapilo

Appellant

Solidarity Group

Respondent

Civil Appeal / Judgment

1 Whether the respondent had locus standi to sue the appellant
2 Whether the evidence adduced by the respondent proved the claim on the balance of probabilities

The respondent lacked locus standi to sue as it was not registered as a cooperative society, rendering the proceedings incompetent.

appeal struck out

The records of proceedings, judgments, orders, and decrees of the two lower courts are nullified and quashed.
The parties shall bear their own costs.