shaban issa vs ramadhani khasimu 2021 tzhc 5444 30 july 2021

shaban issa vs ramadhani khasimu 2021 tzhc 5444 30 july 2021

The respondent had no locus standi to institute the suit at the trial tribunal as he was neither the owner of the suit land nor the administrator of the deceased's estate. The district tribunal erred by not quashing and setting aside the proceedings and judgment of the trial tribunal after finding lack of locus standi.

Citation
shaban issa vs ramadhani khasimu 2021 tzhc 5444 30 july 2021
Parties
Appellant: Shabani Issa; Respondent: Ramadhan Khasimu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2021
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed with costs
Legal Topics
Locus Standi, Administration of Estates, Appeals Process
Source Language
English
Land Law Civil Procedure Locus Standi Administration of Estates Appeals Process

Case Brief

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Parties

Shabani Issa

Appellant

Ramadhan Khasimu

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the respondent had locus standi to institute the suit at the trial tribunal without a letter of administration
  2. 2 Whether the District Land and Housing Tribunal erred in law by not quashing and setting aside the proceedings and judgment of the trial tribunal after finding lack of locus standi

Ratio Decidendi

The respondent had no locus standi to institute the suit at the trial tribunal as he was neither the owner of the suit land nor the administrator of the deceased's estate. The district tribunal erred by not quashing and setting aside the proceedings and judgment of the trial tribunal after finding lack of locus standi.

Court Disposition

Appeal allowed with costs

Orders

  • The decision and orders of the trial tribunal and district tribunal are quashed and set aside