gozbert cleophace and another vs valerian moses bandungi 2020 tzhc 4751 30 july 2020

gozbert cleophace and another vs valerian moses bandungi 2020 tzhc 4751 30 july 2020

The appeal was allowed because the respondent instituted the suit after an unreasonable delay without explanation, lacked locus standi as he sued in his own name and not as administrator, failed to disclose when the cause of action arose, and did not prove ownership of the suit land, while the appellants established their ownership since 1979.

Citation
gozbert cleophace and another vs valerian moses bandungi 2020 tzhc 4751 30 july 2020
Parties
1st Appellant: Gozbert Cleophace; 2nd Appellant: Baptist Convention of Tanzania; Respondent: Valerian Moses Bandungi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2020
Procedural Posture
Land Case Appeal / Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Locus Standi, Burden of Proof, Disclosure of Cause of Action, Probate and Administration
Source Language
English
Land Law Civil Procedure Limitation of Actions Locus Standi Burden of Proof Disclosure of Cause of Action Probate and Administration

Case Brief

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Parties

Gozbert Cleophace

1st Appellant

Baptist Convention of Tanzania

2nd Appellant

Valerian Moses Bandungi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial tribunal had jurisdiction given the alleged time bar
  2. 2 Whether the respondent had locus standi to sue in his own name
  3. 3 Whether the respondent proved ownership of the suit land

Ratio Decidendi

The appeal was allowed because the respondent instituted the suit after an unreasonable delay without explanation, lacked locus standi as he sued in his own name and not as administrator, failed to disclose when the cause of action arose, and did not prove ownership of the suit land, while the appellants established their ownership since 1979.

Court Disposition

Appeal allowed

Orders

  • Decision of the trial tribunal quashed and set aside
  • Respondent to pay costs to the appellants