phillip mlayadministrator of the estate of the late anna focu mlay vs stanbic bank tanzania limited and others 2020 tzhclandd 8 3 december 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO. 412 OF 2017 PHILLIP MLAY (Administrator of the Estate of the late Anna Focus Mlay) ........................ .................... VERSUS STANBIC BANK TANZANIA LIMITED.................. 1st DEFENDANT DOREEN HURUMA M AW OLE.................... 2nd DEFENDANT SENSITIVE AUCTION MART & COURT BROKERS 3 rd DEFENDANT RULING Date o f the Ruling 03/12/2020 Date o f the last Order 08/10/2020 I. MAIGE. J. The Plaintiff is one of the administrators of the estate of Anna Focus Mlay. He is suing on the landed property at Plot No. 2349 Block L Kunduchi which originally formed part of the estate of the late Anna. In Item 1 of the prayers clause, he urges the Court to declare the same to be the property of one Hilda Focus Mlay purporting to be the owner. In his written statement of defence, the 1st Defendant doubted the maintainability of the suit for inter-alia want of jurisdiction. Upon hearing the parties on preliminary objections I, on 14/08/2020, declined to determine the same at that stage because it involved complicated issues of law and facts. I made a judicial note that the same would considered in the final Judgment. On the date of final PTC, Mr. Emmanuel Ndanu appeared for the Plaintiff and Kaushama for the 1st and 3rd Defendant. For the same reason of locus standi, Mr. Ndanu prayed to withdraw the suit with a liberty to refile with no order as to costs. Mr. Kaushama objected and prayed that the same be struck out with costs. I have considered the rival submissions. I agree with Mr. Kaushama that, because the defect in the Plaint has already been raised by way of preliminary objection, the Plaintiff cannot pray for withdrawal of the same. The reason being that the prayer has the effect of preempting the preliminary objection which is not allowed. In the final result, I agree with both counsel that in so far as the administrative power of the plaintiff is limited to the estate of Anna Focus Mlay and not Hilda Focus Mlay, this suit is incompetent for want of locus standi. It is accordingly struck out with I. Maige JUDGE 03/ 12/2020 Ruling delivered this 03rd day of December, 2020, in the presence of the learned advocate Emmanuel Ndanu for the Plaintiff and the learned advocate Emmanuel Kiashama for the 1st and 3"1 Defendants and in the absence of 2nd Defendant. JUDGE 03/ 12/2020