melea shedrack another vs julius mnyanyika 2017 tzhc 2202 24 july 2017

Appellants lacked locus standi as they did not appear as administrators of their deceased parents' estate; all proceedings from Ward Tribunal to District Land and Housing Tribunal are a nullity.

Citation: melea shedrack another vs julius mnyanyika 2017 tzhc 2202 24 july 2017
Parties: Appellant: Melea Shedrack; Appellant: Levision Isaka; Respondent: Julius Mnyanyika
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 July 2017
Procedural Posture: Miscellaneous Land Case Appeal / Judgment
Outcome: proceedings declared a nullity
Legal Topics: Locus Standi, Administration of Estates, Nullity of Proceedings
Source Language: English

Land Law Locus Standi Administration of Estates Nullity of Proceedings

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Party arguments 2

Parties

Melea Shedrack

Appellant

Levision Isaka

Appellant

Julius Mnyanyika

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment

Legal Issues

1 Whether appellants had locus standi to institute proceedings
2 Whether District Land and Housing Tribunal erred in deciding on merits with wrong parties
3 Validity of proceedings from Ward Tribunal to District Land and Housing Tribunal

Ratio Decidendi

Appellants lacked locus standi as they did not appear as administrators of their deceased parents' estate; all proceedings from Ward Tribunal to District Land and Housing Tribunal are a nullity.

Court Disposition

proceedings declared a nullity

Orders

Appellants advised to obtain letters of administration before pursuing the matter
Each party to bear own costs