20101013 TZHC Dar es Salaam

20101013 TZHC Dar es Salaam

The plaintiff's admitted lack of locus standi rendered him a legally unrecognised party, making the suit incompetent. Consequently, he could not seek amendment of the plaint, and the proper remedy was to strike out the suit, not dismiss it.

Citation
20101013 TZHC Dar es Salaam
Parties
Plaintiff: Hassan Mpocho; 1st Defendant: Bernad Edmund Mndolwa; 2nd Defendant: National Bank of Commerce
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 October 2010
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit struck out for want of locus standi
Legal Topics
Locus Standi, Amendment of Pleadings, Striking Out Vs Dismissal
Source Language
English
Civil Procedure Locus Standi Amendment of Pleadings Striking Out Vs Dismissal

Case Brief

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Parties

Hassan Mpocho

Plaintiff

Bernad Edmund Mndolwa

1st Defendant

National Bank of Commerce

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaintiff has locus standi to institute the suit
  2. 2 Whether the plaint discloses a cause of action against the first defendant
  3. 3 Whether amendment of the plaint should be allowed in the absence of locus standi

Ratio Decidendi

The plaintiff's admitted lack of locus standi rendered him a legally unrecognised party, making the suit incompetent. Consequently, he could not seek amendment of the plaint, and the proper remedy was to strike out the suit, not dismiss it.

Court Disposition

Suit struck out for want of locus standi

Orders

  • Plaint/suit struck out
  • Plaintiff to pay half of the costs to the defendants