james boniphace vs robert nestory 2021 tzhc 3290 31 may 2021

james boniphace vs robert nestory 2021 tzhc 3290 31 may 2021

The appellant, as a beneficiary to whom land was bequeathed via a will and whose inheritance was undisputed among heirs, had locus standi to sue in his own right. The trial tribunal erred in striking out the application for want of locus standi. However, due to conflicting evidence on boundaries and ownership, a retrial with a visit to the locus in quo is necessary.

Citation
james boniphace vs robert nestory 2021 tzhc 3290 31 may 2021
Parties
Appellant: James Boniphace; Respondent: Robert Nestory
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2021
Procedural Posture
Land Appeal / Judgment on Appeal From DLHT Decision, With Retrial Ordered
Outcome
Appeal allowed in part; proceedings, judgment, and orders of the trial tribunal quashed and set aside; retrial ordered.
Legal Topics
Locus Standi, Inheritance, Customary Law, Distribution of Estates, Retrial Procedure
Source Language
English
Land Law Civil Procedure Locus Standi Inheritance Customary Law Distribution of Estates Retrial Procedure

Case Brief

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Parties

James Boniphace

Appellant

Robert Nestory

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From DLHT Decision, With Retrial Ordered

Legal Issues

  1. 1 Whether the appellant had locus standi to sue after inheriting land via a will without being appointed administrator
  2. 2 Whether the trial tribunal erred in striking out the application for want of locus standi

Ratio Decidendi

The appellant, as a beneficiary to whom land was bequeathed via a will and whose inheritance was undisputed among heirs, had locus standi to sue in his own right. The trial tribunal erred in striking out the application for want of locus standi. However, due to conflicting evidence on boundaries and ownership, a retrial with a visit to the locus in quo is necessary.

Court Disposition

Appeal allowed in part; proceedings, judgment, and orders of the trial tribunal quashed and set aside; retrial ordered.

Orders

  • Retrial of the matter by another chairman with a new set of assessors.
  • The trial tribunal must visit the locus in quo to determine land boundaries and ownership.