chanila ndege vs balele martine 2019 tzhc 2118 15 january 2019

chanila ndege vs balele martine 2019 tzhc 2118 15 january 2019

The proceedings were a nullity due to failure to disclose all parties, improper substitution of parties at the appeal stage, and lack of locus standi by the party sued at trial.

Source-derived case information.

Citation
chanila ndege vs balele martine 2019 tzhc 2118 15 january 2019
Parties
Appellant: Chanila Ndege; Respondent: Balele Martine
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 January 2019
Procedural Posture
Land Appeal / Judgment on Second Appeal
Outcome
Appeal allowed; proceedings at Ward Tribunal and DLHT nullified.
Legal Topics
Party Substitution, Locus Standi, Identification of Parties, Nullity of Proceedings
Source Language
english
Land Law Civil Procedure Party Substitution Locus Standi Identification of Parties Nullity of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chanila Ndege

Appellant

Balele Martine

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether substitution of parties at the appeal stage is proper
  2. 2 Whether failure to disclose all parties renders proceedings incompetent
  3. 3 Whether the respondent had locus standi to sue the appellant

Ratio Decidendi

The proceedings were a nullity due to failure to disclose all parties, improper substitution of parties at the appeal stage, and lack of locus standi by the party sued at trial.

Court Disposition

Appeal allowed; proceedings at Ward Tribunal and DLHT nullified.

Orders

  • Trial proceedings in Land Case No. 04/2013 and subsequent appeal in Land Appeal No. 9/2014 nullified.
  • Each party to bear its own costs.