john kagirwa vs david augustin 2018 tzhcld 58 10 august 2018
The appeal was incompetent because the parties at the appellate stage did not match those at the trial stage, and the claimant at trial had no locus standi as he was not privy to the sale agreement. The proceedings and decisions below were nullities.
- Citation
- john kagirwa vs david augustin 2018 tzhcld 58 10 august 2018
- Parties
- Appellant: John Kagirwa; Respondent: David Augustin
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 August 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Locus Standi, Privity of Contract, Competency of Parties, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Kagirwa
Appellant
David Augustin
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was competent given the mismatch of parties between trial and appellate stages
- 2 Whether a person not party to the original proceedings can be a party to the appeal
- 3 Whether the claimant at trial had locus standi to sue under the sale agreement
Ratio Decidendi
The appeal was incompetent because the parties at the appellate stage did not match those at the trial stage, and the claimant at trial had no locus standi as he was not privy to the sale agreement. The proceedings and decisions below were nullities.
Court Disposition
appeal allowed
Orders
- Appeal struck out for want of competency
- Proceedings and decision of the trial court quashed
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