john mandoka gudaba versus aloyce lucas daraja as a legal representative of lucas daraja fundi 4 others 2019 tzhclandd 379 31 august 2019

john mandoka gudaba versus aloyce lucas daraja as a legal representative of lucas daraja fundi 4 others 2019 tzhclandd 379 31 august 2019

Both preliminary objections are overruled because the issues raised require evidence and arguments to ascertain the truth, and the plaintiff's interest in the suit land is sufficiently pleaded to establish locus standi.

Citation
john mandoka gudaba versus aloyce lucas daraja as a legal representative of lucas daraja fundi 4 others 2019 tzhclandd 379 31 august 2019
Parties
Plaintiff: John Mandoka Gudaba; 1st Defendant: Aloyce Lucas Daraja (As a Legal representative of Lucas Daraja Fundi); 2nd Defendant: Wilhelmina Edward Festo (Guardian of Bainomukana Apollo Festo); 3rd Defendant: AWB Investment Co. Ltd; 4th Defendant: Tanzania Commercial Bank; 5th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2019
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled; main suit to proceed to hearing on merits.
Legal Topics
Preliminary Objection, Locus Standi, Necessary Parties, Cause of Action
Source Language
English
Civil Procedure Land Law Preliminary Objection Locus Standi Necessary Parties Cause of Action

Case Brief

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Parties

John Mandoka Gudaba

Plaintiff

Aloyce Lucas Daraja (As a Legal representative of Lucas Daraja Fundi)

1st Defendant

Wilhelmina Edward Festo (Guardian of Bainomukana Apollo Festo)

2nd Defendant

AWB Investment Co. Ltd

3rd Defendant

Tanzania Commercial Bank

4th Defendant

The Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against the 4th and 5th defendants
  2. 2 Whether the plaintiff has locus standi to sue

Ratio Decidendi

Both preliminary objections are overruled because the issues raised require evidence and arguments to ascertain the truth, and the plaintiff's interest in the suit land is sufficiently pleaded to establish locus standi.

Court Disposition

Preliminary objections overruled; main suit to proceed to hearing on merits.

Orders

  • Main suit to proceed to hearing on merits
  • No order as to costs