omari mbwana vs daniel loisujaki 2022 tzhc 37 27 january 2022
Respondent lacked locus standi as he was not the owner nor authorized representative; proceedings and orders are ineffectual and must be quashed.
Source-derived case information.
- Citation
- omari mbwana vs daniel loisujaki 2022 tzhc 37 27 january 2022
- Parties
- Appellant: Omari Mbwana; Respondent: Daniel Loisujaki
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 January 2022
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Locus Standi, Joinder of Parties, Pecuniary Jurisdiction, Ownership Dispute
- Source Language
- english
Land Law Civil Procedure Locus Standi Joinder of Parties Pecuniary Jurisdiction Ownership Dispute
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Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Parties
Omari Mbwana
Appellant
Daniel Loisujaki
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 whether respondent had locus standi to institute the land dispute
- 2 whether proper parties were joined in the proceedings
- 3 whether trial tribunal had pecuniary jurisdiction
Ratio Decidendi
Respondent lacked locus standi as he was not the owner nor authorized representative; proceedings and orders are ineffectual and must be quashed.
Court Disposition
appeal allowed
Orders
- proceedings, judgment, and ancillary orders of tribunals below quashed and set aside
- no order as to costs
Full Case Text
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