mrshalima mchora vs robert edward hindi others 2018 tzhclandd 46 20 march 2018

mrshalima mchora vs robert edward hindi others 2018 tzhclandd 46 20 march 2018

Plaintiff failed to prove locus standi as she is not the administratrix of the estate, property is not registered in her name, and there is no evidence of proper estate administration or inventory. Therefore, she is not entitled to bring the action.

Citation
mrshalima mchora vs robert edward hindi others 2018 tzhclandd 46 20 march 2018
Parties
Plaintiff: Mrs. Halima Mchora; 1st Defendant: Robert Edward Hindi; 2nd Defendant: Mr. O W Iso; 3rd Defendant: Mrs. Ruth Owiso
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 March 2018
Procedural Posture
Land Case / Final Judgment
Outcome
suit dismissed for lack of locus standi
Legal Topics
Locus Standi, Ownership Dispute, Bonafide Purchaser, Estate Administration
Source Language
English
Property Law Probate and Administration Locus Standi Ownership Dispute Bonafide Purchaser Estate Administration

Case Brief

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Parties

Mrs. Halima Mchora

Plaintiff

Robert Edward Hindi

1st Defendant

Mr. O W Iso

2nd Defendant

Mrs. Ruth Owiso

3rd Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the 1st defendant by the time of sale had better title than that of the plaintiff
  2. 2 Whether the 2nd and 3rd defendants were bonafide purchasers of the suit land
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

Plaintiff failed to prove locus standi as she is not the administratrix of the estate, property is not registered in her name, and there is no evidence of proper estate administration or inventory. Therefore, she is not entitled to bring the action.

Court Disposition

suit dismissed for lack of locus standi

Orders

  • suit dismissed with costs