benny mganga bwire others vs rio development ltd others 2019 tzhclandd 16 20 september 2019

benny mganga bwire others vs rio development ltd others 2019 tzhclandd 16 20 september 2019

Plaintiffs lacked locus standi as they were discharged as administrators by court order and estate was closed; suit cannot proceed unless discharge order is challenged.

Citation
benny mganga bwire others vs rio development ltd others 2019 tzhclandd 16 20 september 2019
Parties
1st Plaintiff: Benny Mganga Bwire; 2nd Plaintiff: Hesbone Petro Kabande; 1st Defendant: Rio Developments Limited; 2nd Defendant: Fahad Said Mohamed; 3rd Defendant: Swalah Said Mohamed; 4th Defendant: Navtej Singh Bains; 5th Defendant: Hamail Singh Bains
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 September 2019
Procedural Posture
Land Case / Ruling on Locus Standi and Removal of Party
Outcome
Suit struck out for lack of locus standi; 2nd plaintiff removed from suit.
Legal Topics
Locus Standi, Administrator Discharge, Estate Closure
Source Language
English
Civil Land Probate Locus Standi Administrator Discharge Estate Closure

Case Brief

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Parties

Benny Mganga Bwire

1st Plaintiff

Hesbone Petro Kabande

2nd Plaintiff

Rio Developments Limited

1st Defendant

Fahad Said Mohamed

2nd Defendant

Swalah Said Mohamed

3rd Defendant

Navtej Singh Bains

4th Defendant

Hamail Singh Bains

5th Defendant

Procedural Posture

Land Case / Ruling on Locus Standi and Removal of Party

Legal Issues

  1. 1 Whether plaintiffs have locus standi to sue as administrators of the estate
  2. 2 Whether the suit is properly instituted after discharge of administrators

Ratio Decidendi

Plaintiffs lacked locus standi as they were discharged as administrators by court order and estate was closed; suit cannot proceed unless discharge order is challenged.

Court Disposition

Suit struck out for lack of locus standi; 2nd plaintiff removed from suit.

Orders

  • 2nd plaintiff removed from conduct of suit
  • Suit struck out