20170803 TZHC Mbeya

20170803 TZHC Mbeya

The tribunal proceedings were a nullity as Watson Pamesa, not a member of the Board of Trustees of Moravian Church Tukuyu, lacked locus standi to represent the 1st respondent; proper parties were not heard or summoned, rendering all proceedings, ruling, judgment, and decree null and void.

Citation
20170803 TZHC Mbeya
Parties
Appellant: Daud Benk Mwakalobo; 1st Respondent: Board of Trustee of Moravian Church Tukuyu; 2nd Respondent: Agripa T. Mwalusamba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2017
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Locus Standi, Jurisdiction, Representation of Corporate Entities
Source Language
English
Land Law Civil Procedure Locus Standi Jurisdiction Representation of Corporate Entities

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Parties

Daud Benk Mwakalobo

Appellant

Board of Trustee of Moravian Church Tukuyu

1st Respondent

Agripa T. Mwalusamba

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether Watson Pamesa had locus standi to represent the 1st respondent
  2. 2 Whether proceedings were valid given improper representation

Ratio Decidendi

The tribunal proceedings were a nullity as Watson Pamesa, not a member of the Board of Trustees of Moravian Church Tukuyu, lacked locus standi to represent the 1st respondent; proper parties were not heard or summoned, rendering all proceedings, ruling, judgment, and decree null and void.

Court Disposition

appeal allowed

Orders

  • Proceedings, ruling, judgment, and decree of the tribunal declared null and void.
  • Costs of the appeal awarded to the appellant; Taxing Master/Registrar of the High Court of Tanzania Mbeya to assess costs.