20150930 TZHC Dar es Salaam4
The respondent lacked locus standi at the time of instituting the suit as he was not yet appointed administrator of the deceased's estate; therefore, the suit was incompetent and the appeal is allowed.
- Citation
- 20150930 TZHC Dar es Salaam4
- Parties
- 1st Appellant: Abubakari Magulu; 2nd Appellant: The Owner of Motor Vehicle No. T 410 ALF SCANIA; Respondent: Kingaru M.K. Gonza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2015
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Locus Standi, Compensation for Fatal Accident, Legal Representation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abubakari Magulu
1st Appellant
The Owner of Motor Vehicle No. T 410 ALF SCANIA
2nd Appellant
Kingaru M.K. Gonza
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the respondent had locus standi to institute the suit for compensation for the deceased prior to appointment as administrator of the estate
- 2 Whether the trial court erred in holding the appellants liable without sufficient evidence and proper parties
Ratio Decidendi
The respondent lacked locus standi at the time of instituting the suit as he was not yet appointed administrator of the deceased's estate; therefore, the suit was incompetent and the appeal is allowed.
Court Disposition
Appeal allowed
Orders
- No order as to costs
Full Case Text
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