jonson besisile vs ladius laurent and 2 others 2020 tzhc 3928 13 november 2020

jonson besisile vs ladius laurent and 2 others 2020 tzhc 3928 13 november 2020

The appellant lacked locus standi as he admitted the land was distributed to beneficiaries during Felician Kamafa's lifetime. The preliminary objection was properly sustained without need for further evidence.

Citation
jonson besisile vs ladius laurent and 2 others 2020 tzhc 3928 13 november 2020
Parties
Appellant: Jonson Besisile; Respondent: Ladius Laurent; Respondent: Sospeter Simon; Respondent: Elizeus R. Lwabuti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2020
Procedural Posture
Land Case Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Preliminary Objection, Locus Standi, Right to Be Heard, Administration of Estates
Source Language
English
Land Law Civil Procedure Preliminary Objection Locus Standi Right to Be Heard Administration of Estates

Case Brief

Summary, issues, holding and outcome

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Parties

Jonson Besisile

Appellant

Ladius Laurent

Respondent

Sospeter Simon

Respondent

Elizeus R. Lwabuti

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had locus standi to sue regarding the suit land
  2. 2 Whether the trial tribunal violated the right to be heard by dismissing the case on a preliminary objection

Ratio Decidendi

The appellant lacked locus standi as he admitted the land was distributed to beneficiaries during Felician Kamafa's lifetime. The preliminary objection was properly sustained without need for further evidence.

Court Disposition

appeal dismissed

Orders

  • right of appeal explained to the parties