Hunja Suzo

Hunja Suzo

None of the issues raised by the applicant qualify as points of law for certification; all are either factual or have been properly addressed by lower courts. Application dismissed.

Source-derived case information.

Citation
Hunja Suzo
Parties
Applicant: Hunja Suzo; Respondents: Kipea Shabani & Others (Wananchi wa Mtaa wa Kwihara)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 October 2018
Procedural Posture
Miscellaneous Land Case Application / Application for Certificate on Points of Law for Appeal
Outcome
application dismissed with costs
Legal Topics
Certificate on Points of Law, Locus Standi, Jurisdiction, Representative Suit, Easement, Joinder of Parties
Source Language
english
Land Law Civil Procedure Certificate on Points of Law Locus Standi Jurisdiction Representative Suit Easement Joinder of Parties

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hunja Suzo

Applicant

Kipea Shabani & Others (Wananchi wa Mtaa wa Kwihara)

Respondents

Procedural Posture

Miscellaneous Land Case Application / Application for Certificate on Points of Law for Appeal

Legal Issues

  1. 1 Whether respondents had locus standi to institute the case
  2. 2 Whether the ward tribunal had jurisdiction and could execute its own decision
  3. 3 Whether issues of representative suit and locus standi are cured by overriding objective principle

Ratio Decidendi

None of the issues raised by the applicant qualify as points of law for certification; all are either factual or have been properly addressed by lower courts. Application dismissed.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondents