| dc.contributor.author | MUGASHA. J.A.., KEREFU. J.A.. And KIHWELO. J.A. | |
| dc.date.accessioned | 2023-05-03T07:44:30Z | |
| dc.date.available | 2023-05-03T07:44:30Z | |
| dc.date.issued | 2022-07-13 | |
| dc.identifier.uri | http://localhost/handle/123456789/1169 | |
| dc.description | THE REGISTERED TRUSTEE OF THE SOS CHILDREN’S VILLAGES TANZANIA VS. IGENGE CHARLES AND 11 OTHERS
COURT OF APPEAL OF TANZANIA
AT MWANZA
[MUGASHA, KEREFU, KIHWELO, JJ.A.]
CIVIL APPLICATION NO. 426 OF 2018
(From the Decision of the High Court of Tanzania at
Mwanza (De-Mello. J.) dated the 14th day of January, 2014
in Land Appeal No. 55 of 2009)
Civil Practice and procedure-locus standi-administrator of the estate of the deceased-whether he can sue in his own name and capacity.
Civil Practice and procedure-locus standi-what does it mean.
This was an application for revision in which the applicant was seeking the indulgence of the Court to examine the legality, regularity and propriety of the proceedings and Judgment of the High Court in Land Appeal Case No. 55 of 2009 dated 14/1/2014 which reversed the decision of the District Land and Housing Tribunal (the Tribunal) in Land Application No. 160 of 2007. At the hearing the Court invited parties to address it on the propriety or otherwise of the proceedings and judgment of both Tribunal and the High Court on account of the locus standi of the 1st respondent who was the Administrator of the Estate of late Michael Msuma but had sued in his own name and capacity. Parties addressed the Court on that issue as to whether it was property for the 1st Respondent to sue in his own name and capacity while he was suing as administrator of the estate of late Michael Msuma.
Held:
1. The administrator of the estate of the deceased can sue as a personal and legal representative of the deceased and not in his own name and capacity.
2. Locus standi is a principle which is governed by common law according to which, a person bringing a matter to court should be able to show that his right or interest has been breached or interfered with.
Appeal allowed
Statutory Provisions referred to:
1. Court of Appeal Rules, 2009 as amended rule 57(3) and 63(2)
Cases referred to:
1. Lujuna Shubi Ballonzi Senior Vs Registered Trustess of Chama cha Mapinduzi [1996] TLR 203,
2. Godbless Jonathan Lema Vs Mussa Hamis Mkanga and Two Others, Civil Appeal No. 47 of 2012 [Unreported]
3. Chama Cha Wafanyakazi Mahoteli Na Mikahawa Zanzibar (HORAU) Vs Kaimu Mrajis Wa Vyama Vya Wafanyakazi Na Waajiri Zanzibar, Civil Appeal No. 300 of 2019 (unreported
Mr. Stephen Mosha and Dennis Ignas Learned Counsel for the appellant | en_US |
| dc.description.abstract | Held:
1. The administrator of the estate of the deceased can sue as a personal and legal representative of the deceased and not in his own name and capacity.
2. Locus standi is a principle which is governed by common law according to which, a person bringing a matter to court should be able to show that his right or interest has been breached or interfered with. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, MWANZA. | en_US |
| dc.subject | MWANZA. | en_US |
| dc.title | THE REGISTERED TRUSTEE OF SOS CHILDREN'S VILLAGES TANZANIA VS.IGENGE CHARLES AND 9 OTHERS.CIVIL APPLICATION NO. 426/08 OF 2018 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 426/08 OF 2018 | en_US |
