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The High Court held that Ubumwe Women Group lacked locus standi to sue in its own name, nullifying the lower court proceedings and orders.
The High Court struck out a land suit after finding the plaintiff had no locus standi to sue personally over property vested in a registered trustee.
The appeal was filed by the appellant in her personal capacity rather than as administratrix of the estate, which is a substantive defect that renders the appeal incompetent and invalid; such a defect is not curable by amendment after hearing on merits, as only the grantee of letters of administration can represent the estate.
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Appellant and her family willingly sold the house to respondent, received payment, and handed over documents; respondent is bonafide purchaser; procedural requirements for transfer do not invalidate sale; appeal lacks merit.
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The Tribunal erred by raising the issue of locus standi suo moto at the judgment stage without inviting parties to address it, thereby violating the fundamental right to be heard. The judgment is nullified and the Tribunal is directed to compose a fresh judgment based on the pleadings and evidence.
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An appeal filed by a dead person is a nullity and must be struck out as the law prohibits suits by deceased persons.
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The suit was fatally defective due to the respondent's lack of legal standing, as no constitution or documentary evidence was produced to establish the group's existence or the chairman's authority to sue.
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Applicants established urgency and public interest, justifying an interim order to stay execution pending inter partes hearing. The Attorney General's right of audience and the court's power to grant interlocutory orders were affirmed. The application was meritorious and granted.
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Plaintiffs lack locus standi as SIMDA Mining, a CBO with legal personality, is not a party to the suit. The 5th defendant was not party to the contract, so no cause of action exists against her. The preliminary objections are sustained and the suit is struck out with costs.
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The plaintiff is not a legal entity capable of suing in its own name and therefore lacks locus standi; the suit is incompetent and struck out.
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