20150716 TZHC Mbeya

20150716 TZHC Mbeya

Respondents are necessary and proper parties as the right to relief arises from the same act of trespass; misjoinder or non-joinder does not defeat the suit. The trial tribunal erred in dismissing the application on these grounds.

Citation
20150716 TZHC Mbeya
Parties
Appellant: Zibro1y'1; 1st Respondent: John Shao @ Karanja; 2nd Respondent: Jackson Shao @ Kisaleni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 July 2015
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Misjoinder, Non Joinder, Trespass, Joinder of Parties
Source Language
English
Land Law Civil Procedure Misjoinder Non Joinder Trespass Joinder of Parties

Case Brief

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Parties

Zibro1y'1

Appellant

John Shao @ Karanja

1st Respondent

Jackson Shao @ Kisaleni

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether respondents were improperly joined as parties
  2. 2 Whether respondents are necessary parties for adjudication
  3. 3 Effect of misjoinder and non-joinder of parties

Ratio Decidendi

Respondents are necessary and proper parties as the right to relief arises from the same act of trespass; misjoinder or non-joinder does not defeat the suit. The trial tribunal erred in dismissing the application on these grounds.

Court Disposition

appeal allowed

Orders

  • Decision of District Land and Housing Tribunal set aside
  • Matter remitted to trial tribunal for determination on available evidence