cyprian zj funuguru suing under general power attorney vs james musoha others 2018 tzhclandd 408 31 july 2018

cyprian zj funuguru suing under general power attorney vs james musoha others 2018 tzhclandd 408 31 july 2018

Plaintiff lacked locus standi as Power of Attorney was not a joint application and did not comply with statutory requirements, rendering Plaintiff a stranger to the proceedings.

Citation
cyprian zj funuguru suing under general power attorney vs james musoha others 2018 tzhclandd 408 31 july 2018
Parties
Plaintiff: Cyprian ZJ. Funuguru; 1st Defendant: James Musoha; 2nd Defendant: Bobma Tanzania Limited; 3rd Defendant: Kwege Suleiman Nyamgunda; 4th Defendant: Diamond Trust Bank (Tanzania) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2018
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for lack of locus standi, with costs
Legal Topics
Locus Standi, Jurisdiction, Limitation of Actions, Withdrawal and Re Filing of Suits, Power of Attorney
Source Language
English
Land Law Civil Procedure Locus Standi Jurisdiction Limitation of Actions Withdrawal and Re Filing of Suits Power of Attorney

Case Brief

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Parties

Cyprian ZJ. Funuguru

Plaintiff

James Musoha

1st Defendant

Bobma Tanzania Limited

2nd Defendant

Kwege Suleiman Nyamgunda

3rd Defendant

Diamond Trust Bank (Tanzania) Ltd

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Plaintiff has locus standi to conduct the suit
  2. 2 Whether the court has jurisdiction to entertain the matter
  3. 3 Whether the suit is time barred

Ratio Decidendi

Plaintiff lacked locus standi as Power of Attorney was not a joint application and did not comply with statutory requirements, rendering Plaintiff a stranger to the proceedings.

Court Disposition

Suit struck out for lack of locus standi, with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs