20160129 TZHC Mwanza

20160129 TZHC Mwanza

The appellant lacked locus standi as he was not appointed administrator of his late father's estate before instituting proceedings, and the village land and building committee's process in granting the sketch map and title contravened statutory procedures and principles of natural justice, rendering them null and void.

Citation
20160129 TZHC Mwanza
Parties
Appellant: Ryoba Chacha Mora; Respondent: Bohan Chi Silas
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2016
Procedural Posture
Misc. Land Case Appeal / Second Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Locus Standi, Customary Right of Occupancy, Adjudication of Land Boundaries, Estate Administration
Source Language
English

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Parties

Ryoba Chacha Mora

Appellant

Bohan Chi Silas

Respondent

Procedural Posture

Misc. Land Case Appeal / Second Appeal From District Land and Housing Tribunal

  1. 1 Whether the appellant had locus standi to institute proceedings without being appointed administrator of the estate
  2. 2 Whether the sketch map and title granted by the village land and building committee were legally valid

Ratio Decidendi

The appellant lacked locus standi as he was not appointed administrator of his late father's estate before instituting proceedings, and the village land and building committee's process in granting the sketch map and title contravened statutory procedures and principles of natural justice, rendering them null and void.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Respondent at liberty to occupy the land