mehar singh ta thaker singh vs highland estates limited others 2016 tzca 825 11 july 2016

A person who was not a party to the original or revisional proceedings does not have locus standi to institute review proceedings under Rule 66(1)(b) of the Tanzania Court of Appeal Rules, 2009.

Citation: mehar singh ta thaker singh vs highland estates limited others 2016 tzca 825 11 july 2016
Parties: Applicant: Mehar Singh t/a Thaker Singh; 1st Respondent: Highland Estates Limited; 2nd Respondent: The Liquidator Kampuni ya Uchukuzi Dodoma Ltd.; 3rd Respondent: Consolidated Holding Corporation
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 July 2016
Procedural Posture: Civil Reference / Ruling on Reference From Single Justice Decision
Outcome: Reference dismissed with costs.
Legal Topics: Locus Standi, Review Proceedings, Right to Be Heard
Source Language: English

Civil Procedure Property Law Locus Standi Review Proceedings Right to Be Heard

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Parties

Mehar Singh t/a Thaker Singh

Applicant

Highland Estates Limited

1st Respondent

The Liquidator Kampuni ya Uchukuzi Dodoma Ltd.

2nd Respondent

Consolidated Holding Corporation

3rd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice Decision

Legal Issues

1 Whether a person who was not a party to the original or revisional proceedings has locus standi to seek review under Rule 66(1)(b) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

A person who was not a party to the original or revisional proceedings does not have locus standi to institute review proceedings under Rule 66(1)(b) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

Reference dismissed with costs.

Orders

Reference dismissed with costs.