mariam selemani chilumba vs george mesi mkuti another 2022 tzhclandd 12764 16 december 2022

mariam selemani chilumba vs george mesi mkuti another 2022 tzhclandd 12764 16 december 2022

The appellant lacked locus standi as she sued the respondent in his personal capacity rather than as administrator of the estate; thus, the tribunal should have struck out the case for want of proper parties.

Source-derived case information.

Citation
mariam selemani chilumba vs george mesi mkuti another 2022 tzhclandd 12764 16 december 2022
Parties
Appellant: Mariam Selemani Chilumba; 1st Respondent: George Mesi Mkuti; 2nd Respondent: Yusufu Laskoni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 December 2022
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed to the extent that the tribunal's decision is quashed for want of locus standi; parties may file a proper case; no order as to costs.
Legal Topics
Locus Standi, Jurisdiction, Administrator's Powers, Validity of Sale of Estate Property
Source Language
english
Land Law Probate and Administration Locus Standi Jurisdiction Administrator's Powers Validity of Sale of Estate Property

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Summary, issues, holding and outcome

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Parties

Mariam Selemani Chilumba

Appellant

George Mesi Mkuti

1st Respondent

Yusufu Laskoni

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had locus standi to bring the suit against the respondent in his personal capacity rather than as administrator of the estate
  2. 2 Whether the District Land and Housing Tribunal had jurisdiction over the dispute concerning property emanating from probate
  3. 3 Whether the sale of the disputed property was valid without involvement of the probate court or beneficiaries

Ratio Decidendi

The appellant lacked locus standi as she sued the respondent in his personal capacity rather than as administrator of the estate; thus, the tribunal should have struck out the case for want of proper parties.

Court Disposition

Appeal allowed to the extent that the tribunal's decision is quashed for want of locus standi; parties may file a proper case; no order as to costs.

Orders

  • The decisions of the District Land and Housing Tribunal for Ilala are quashed.
  • Parties are at liberty to lodge a proper case at the Tribunal.