19921110 TZHC Tanga
The respondent lacked legal capacity and locus standi to sue for recovery of the suit shamba, as ownership vested in Agness Mandia, who was alive and had not authorized the respondent to sue on her behalf.
- Citation
- 19921110 TZHC Tanga
- Parties
- Appellant: Fabiano Mllina; Respondent: Danri Isaka
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 November 1992
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal allowed
- Legal Topics
- Locus Standi, Recovery of Land, Inheritance, Capacity to Sue
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fabiano Mllina
Appellant
Danri Isaka
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the respondent had legal capacity to sue for recovery of the suit shamba
- 2 Whether the suit shamba belonged to Agness Mandia and not the respondent
Ratio Decidendi
The respondent lacked legal capacity and locus standi to sue for recovery of the suit shamba, as ownership vested in Agness Mandia, who was alive and had not authorized the respondent to sue on her behalf.
Court Disposition
appeal allowed
Orders
- Judgments of the Primary and District Courts set aside.
- All orders made therein set aside.
Full Case Text
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