omari michael vs moshi funyamoyo 2022 tzhclandd 787 29 april 2022

omari michael vs moshi funyamoyo 2022 tzhclandd 787 29 april 2022

The proceedings and decision of the trial tribunal are nullified because the case was instituted and proceeded against a wrong party; only the administrator of the estate of the late Zainabu Hassan had locus standi, not the appellant in his personal capacity.

Source-derived case information.

Citation
omari michael vs moshi funyamoyo 2022 tzhclandd 787 29 april 2022
Parties
Appellant: Omari Michael; Respondent: Moshi Funyamoyo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Land Appeal / Judgment
Outcome
proceedings and decision of the District Land and Housing Tribunal for Ilala in Application No. 254 of 2018 are nullified
Legal Topics
Locus Standi, Proper Party, Estate Administration, Admissibility of Evidence, Forgery Allegations
Source Language
english
Land Law Civil Procedure Locus Standi Proper Party Estate Administration Admissibility of Evidence Forgery Allegations

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Summary, issues, holding and outcome

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Parties

Omari Michael

Appellant

Moshi Funyamoyo

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had locus standi to defend the suit land as part of his late mother's estate
  2. 2 Whether the trial tribunal erred in admitting or rejecting documentary evidence
  3. 3 Whether the sale agreement was forged

Ratio Decidendi

The proceedings and decision of the trial tribunal are nullified because the case was instituted and proceeded against a wrong party; only the administrator of the estate of the late Zainabu Hassan had locus standi, not the appellant in his personal capacity.

Court Disposition

proceedings and decision of the District Land and Housing Tribunal for Ilala in Application No. 254 of 2018 are nullified

Orders

  • Parties may re-institute the case by suing proper parties
  • No costs awarded