nathaniel waluse nyabange as administrator of the estates of the late johnson nyabange waluse vs msjc igogo enterprises 1992 t ltd 7 others 2023 tzhc 17611 31 may 2023

nathaniel waluse nyabange as administrator of the estates of the late johnson nyabange waluse vs msjc igogo enterprises 1992 t ltd 7 others 2023 tzhc 17611 31 may 2023

The suit is struck out for want of exhaustion of prior court orders regarding appointment of administrator and for improper institution of suit, as the plaintiff lacks locus standi and did not comply with procedural requirements under the Civil Procedure Code.

Citation
nathaniel waluse nyabange as administrator of the estates of the late johnson nyabange waluse vs msjc igogo enterprises 1992 t ltd 7 others 2023 tzhc 17611 31 may 2023
Parties
Plaintiff: Nathaniel Waluse Nyabange; Defendant: M/S J.C. Igogo Enterprises (1992) T. Ltd; Defendant: Johanes Cornel Igogo; Defendant: Tagaya Nyabange Waluse; Defendant: Yusufu Nyabange Waluse; Defendant: George Corner Igogo; Defendant: Cornelius Investment 2020 (T) Ltd; Defendant: Range Boaz Range; Defendant: Jura Tanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections and Procedural Compliance
Outcome
struck out without costs
Legal Topics
Letters of Administration, Jurisdiction, Res Judicata, Locus Standi, Procedural Compliance, Abuse of Process
Source Language
English
Civil Procedure Probate and Administration Land Law Letters of Administration Jurisdiction Res Judicata Locus Standi Procedural Compliance +1 more

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Parties

Nathaniel Waluse Nyabange

Plaintiff

M/S J.C. Igogo Enterprises (1992) T. Ltd

Defendant

Johanes Cornel Igogo

Defendant

Tagaya Nyabange Waluse

Defendant

Yusufu Nyabange Waluse

Defendant

George Corner Igogo

Defendant

Cornelius Investment 2020 (T) Ltd

Defendant

Range Boaz Range

Defendant

Jura Tanzania Ltd

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections and Procedural Compliance

Legal Issues

  1. 1 Whether the plaintiff has locus standi to sue as administrator of the deceased's estate
  2. 2 Whether the suit is properly instituted as per Civil Procedure Code
  3. 3 Whether the court has jurisdiction to entertain the case

Ratio Decidendi

The suit is struck out for want of exhaustion of prior court orders regarding appointment of administrator and for improper institution of suit, as the plaintiff lacks locus standi and did not comply with procedural requirements under the Civil Procedure Code.

Court Disposition

struck out without costs

Orders

  • Case struck out for want of exhaustion of prior court order issued on 20 January 2017.
  • Parties advised to comply with previous directives or lodge protests in relevant probate and administration causes as per current law.