20140926 TZHC Iringa2
The appellant lacked locus standi to charge the respondents with criminal trespass as he was not the owner of the land, ownership having been determined in favour of another party by a competent tribunal.
- Citation
- 20140926 TZHC Iringa2
- Parties
- Appellant: Festo Sango; Respondent: Andason Sango; Respondent: Moses Sango; Respondent: Omari Sango
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 September 2014
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Criminal Trespass, Locus Standi, Jurisdiction, Ownership Dispute
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Festo Sango
Appellant
Andason Sango
Respondent
Moses Sango
Respondent
Omari Sango
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant had locus standi to institute a criminal trespass charge
- 2 Whether the lower courts had proper jurisdiction
- 3 Whether the evidence was properly considered
Ratio Decidendi
The appellant lacked locus standi to charge the respondents with criminal trespass as he was not the owner of the land, ownership having been determined in favour of another party by a competent tribunal.
Court Disposition
appeal dismissed
Orders
- decisions of the lower courts upheld
Full Case Text
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