john mwananjela vs adolf ilomo 2020 tzhclandd 169 5 august 2020

The appellant lacked locus standi as he was neither an appointed executor nor administrator of the deceased's estate, and therefore could not maintain the application or appeal.

Citation: john mwananjela vs adolf ilomo 2020 tzhclandd 169 5 august 2020
Parties: Appellant: John Patrick Lemba; Respondent: Adolf Ilomo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 5 August 2020
Procedural Posture: Miscellaneous Land Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Locus Standi, Ex Parte Judgment, Administrator of Estate, Extension of Time
Source Language: English

Land Law Civil Procedure Locus Standi Ex Parte Judgment Administrator of Estate Extension of Time

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Parties

John Patrick Lemba

Appellant

Adolf Ilomo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

1 Whether the appellant had locus standi to file the application to set aside ex-parte judgment
2 Whether the District Land and Housing Tribunal erred in dismissing the application for lack of locus standi

Ratio Decidendi

The appellant lacked locus standi as he was neither an appointed executor nor administrator of the deceased's estate, and therefore could not maintain the application or appeal.

Court Disposition

appeal dismissed with costs

Orders

appeal dismissed
costs awarded to respondent