20141126 TZHC Moshi

20141126 TZHC Moshi

Hamza Saidi was discharged from the proceedings in the primary court and replaced by Nurdini Mvamba, who represented BAKWATA under a power of attorney. Hamza was not a party to the subsequent proceedings or decisions and therefore has no locus standi to file this appeal. The appeal is incompetent and is struck out...

Source-derived case information.

Citation
20141126 TZHC Moshi
Parties
Appellant: Hamza Saidi; Respondent: Sultan H. Mavura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2014
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Locus Standi, Power of Attorney, Party to Proceedings, Preliminary Objection
Source Language
english
Civil Procedure Locus Standi Power of Attorney Party to Proceedings Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hamza Saidi

Appellant

Sultan H. Mavura

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether Hamza Saidi has locus standi to file the appeal
  2. 2 Whether the appeal is properly constituted given the party status and representation

Ratio Decidendi

Hamza Saidi was discharged from the proceedings in the primary court and replaced by Nurdini Mvamba, who represented BAKWATA under a power of attorney. Hamza was not a party to the subsequent proceedings or decisions and therefore has no locus standi to file this appeal. The appeal is incompetent and is struck out with costs.

Court Disposition

appeal struck out

Orders

  • Appeal is struck out with costs.