20170811 TZHC Mwanza2

20170811 TZHC Mwanza2

The appellant lacked locus standi to institute the suit as he had not obtained letters of administration for his late father's estate, rendering the proceedings and decisions of the Ward Tribunal a nullity. The allocation of the land to the respondent was also procedurally improper, but the appellant's lack of standing was determinative.

Citation
20170811 TZHC Mwanza2
Parties
Appellant: Deus Luswetula Somanda; Respondent: Samwel Kapambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2017
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed for want of locus standi by the appellant.
Legal Topics
Locus Standi, Adverse Possession, Inheritance of Land, Jurisdiction of Ward Tribunals, Village Land Allocation Procedures
Source Language
English
Land Law Civil Procedure Locus Standi Adverse Possession Inheritance of Land Jurisdiction of Ward Tribunals Village Land Allocation Procedures

Case Brief

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Parties

Deus Luswetula Somanda

Appellant

Samwel Kapambo

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant had locus standi to institute the suit for recovery of his late father's land
  2. 2 Whether the suit land was properly allocated to the respondent by the Village Government
  3. 3 Whether the doctrine of adverse possession applies to the respondent's occupation of the land

Ratio Decidendi

The appellant lacked locus standi to institute the suit as he had not obtained letters of administration for his late father's estate, rendering the proceedings and decisions of the Ward Tribunal a nullity. The allocation of the land to the respondent was also procedurally improper, but the appellant's lack of standing was determinative.

Court Disposition

Appeal dismissed for want of locus standi by the appellant.

Orders

  • Decision of the District Land and Housing Tribunal for Geita at Geita in Appeal No. 60 of 2015 upheld to the extent stated.
  • Entire proceedings and decision of the Ward Tribunal quashed and set aside for want of locus standi.