william memuruti another vs longishu memuruti 2018 tzhc 2195 27 july 2018

william memuruti another vs longishu memuruti 2018 tzhc 2195 27 july 2018

A person who was not a party to the original suit or application has no right to appeal against the decision of the court; Dr. Mchami, being only an advocate in the original matter, lacks locus standi to seek extension of time to appeal.

Citation
william memuruti another vs longishu memuruti 2018 tzhc 2195 27 july 2018
Parties
First Applicant: William Memuruti; Second Applicant: Dr. Ronilick Mchami; Respondent: Longishu Memuruti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 July 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
preliminary objection sustained; application struck out
Legal Topics
Locus Standi, Right to Appeal, Extension of Time
Source Language
English
Civil Procedure Locus Standi Right to Appeal Extension of Time

Case Brief

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Parties

William Memuruti

First Applicant

Dr. Ronilick Mchami

Second Applicant

Longishu Memuruti

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether Dr. Ronilick Mchami has locus standi to seek extension of time to appeal
  2. 2 Whether a non-party to the original suit can appeal against an order affecting him

Ratio Decidendi

A person who was not a party to the original suit or application has no right to appeal against the decision of the court; Dr. Mchami, being only an advocate in the original matter, lacks locus standi to seek extension of time to appeal.

Court Disposition

preliminary objection sustained; application struck out

Orders

  • application struck out
  • no order as to costs