david kinunda vs moses c kinunda 2013 tzhc 2157 5 december 2013
The appeal succeeds because the respondent lacked locus standi to sue in his own name without joining Nafuu Group, and the necessary parties (Nafuu Group and Mikaranga Village Council) were not joined, rendering the proceedings fatally defective.
- Citation
- david kinunda vs moses c kinunda 2013 tzhc 2157 5 december 2013
- Parties
- Appellant: David Kinunda; Respondent: Moses C. Kinunda
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 December 2013
- Procedural Posture
- Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
- Outcome
- appeal allowed
- Legal Topics
- Locus Standi, Joinder of Necessary Parties, Land Ownership, Sale of Land, Trespass
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Kinunda
Appellant
Moses C. Kinunda
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Legal Issues
- 1 Whether Mikaranga Village Council had authority to sell the disputed land to the appellant
- 2 Whether the respondent had locus standi to sue without joining Nafuu Group as a necessary party
Ratio Decidendi
The appeal succeeds because the respondent lacked locus standi to sue in his own name without joining Nafuu Group, and the necessary parties (Nafuu Group and Mikaranga Village Council) were not joined, rendering the proceedings fatally defective.
Court Disposition
appeal allowed
Orders
- Decisions of the District Land and Housing Tribunal and Mikaranga Ward Tribunal in Application No. 2 of 2012 quashed.
- Both parties at liberty to file a fresh suit with all necessary parties joined.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment