shida farahani mzee vs ramadhani bakari lwambo others 2018 tzhclandd 549 10 august 2018

Appellant lacked locus standi to appeal as she did not prosecute her case at the trial tribunal; remedy was to apply to set aside ex parte judgment, not to appeal.

Citation: shida farahani mzee vs ramadhani bakari lwambo others 2018 tzhclandd 549 10 august 2018
Parties: Appellant: Shida Farahani Mzee; 1st Respondent: Ramadhani Bakari Lwambo; 2nd Respondent: Amana Bank; 3rd Respondent: DCB Commercial Bank PLC
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 10 August 2018
Procedural Posture: Miscellaneous Land Case Appeal / Ruling on Preliminary Objection
Outcome: preliminary objection sustained; appeal dismissed
Legal Topics: Locus Standi, Ex Parte Proceedings, Appeal Procedure
Source Language: English

Civil Law Land Law Locus Standi Ex Parte Proceedings Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Shida Farahani Mzee

Appellant

Ramadhani Bakari Lwambo

1st Respondent

Amana Bank

2nd Respondent

DCB Commercial Bank PLC

3rd Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appellant has locus standi to prosecute the appeal
2 Whether the proper remedy after ex parte judgment is appeal or application to set aside

Ratio Decidendi

Appellant lacked locus standi to appeal as she did not prosecute her case at the trial tribunal; remedy was to apply to set aside ex parte judgment, not to appeal.

Court Disposition

preliminary objection sustained; appeal dismissed

Orders

No order as to costs