nabeel abdulhakeem administrator of the estate of the late abdulhakim fuad msigala vs tausi lufanga ngoma another 2019 tzhclandd 37 27 september 2019

nabeel abdulhakeem administrator of the estate of the late abdulhakim fuad msigala vs tausi lufanga ngoma another 2019 tzhclandd 37 27 september 2019

Plaintiff lacks locus standi as he sued in representative capacity while the certificate of title is registered in his individual capacity; administrator cannot sue after title transfer to beneficiaries.

Citation
nabeel abdulhakeem administrator of the estate of the late abdulhakim fuad msigala vs tausi lufanga ngoma another 2019 tzhclandd 37 27 september 2019
Parties
Plaintiff: Nabeel Abdulhakeem; 1st Defendant: Tausi Lufunga Ngoma; 2nd Defendant: Nassoro Mrisho Msigala
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2019
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
suit dismissed with costs
Legal Topics
Locus Standi, Estate Administration, Title Transfer
Source Language
English
Property Law Locus Standi Estate Administration Title Transfer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Nabeel Abdulhakeem

Plaintiff

Tausi Lufunga Ngoma

1st Defendant

Nassoro Mrisho Msigala

2nd Defendant

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has locus standi to institute the suit in representative capacity

Ratio Decidendi

Plaintiff lacks locus standi as he sued in representative capacity while the certificate of title is registered in his individual capacity; administrator cannot sue after title transfer to beneficiaries.

Court Disposition

suit dismissed with costs

Orders

  • suit dismissed for want of locus standi
  • costs awarded to defendants