20170929 TZHC Mwanza

20170929 TZHC Mwanza

The appellant lacked locus standi to institute the suit before the Ward Tribunal as he was not the administrator of the estate or otherwise authorized to represent the family or estate. The suit was not time barred as the cause of action arose in 2012 and the suit was filed in 2014. However, the lack of locus standi vitiated the proceedings and all subsequent findings.

Citation
20170929 TZHC Mwanza
Parties
Appellant: Maresho Maryumba; Respondent: Christopher Werema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2017
Procedural Posture
Miscellaneous Land Case Appeal / High Court Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Locus Standi, Limitation of Actions, Family Land, Ward Tribunal Procedure, Costs, Jurisdiction
Source Language
English
Land Law Civil Procedure Locus Standi Limitation of Actions Family Land Ward Tribunal Procedure Costs Jurisdiction

Case Brief

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Parties

Maresho Maryumba

Appellant

Christopher Werema

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / High Court Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the appellant had locus standi to institute the suit before the Ward Tribunal
  2. 2 Whether the suit was time barred
  3. 3 Whether the District Land and Housing Tribunal erred in law and fact in its findings and orders

Ratio Decidendi

The appellant lacked locus standi to institute the suit before the Ward Tribunal as he was not the administrator of the estate or otherwise authorized to represent the family or estate. The suit was not time barred as the cause of action arose in 2012 and the suit was filed in 2014. However, the lack of locus standi vitiated the proceedings and all subsequent findings.

Court Disposition

Appeal dismissed with costs.

Orders

  • All proceedings and findings before the Komuge Ward Tribunal in Application No. 11 of 2014 are quashed and set aside.
  • The judgment and decree of the District Land and Housing Tribunal of Musoma in Land Case Appeal No. 125 of 2014 is confirmed only to the extent that the appellant lacked locus standi.