Registered Trustee of the SOS Children's Villages Tanzania vs Igenge Charles and Others (CIVIL APPLICATION NO. 426 OF 2018) [2022] TZCA 3122 (14 July 2022)

THE REGISTERED TRUSTEE OF THE SOS CHILDREN’S VILLAGES TANZANIA VS. IGENGE CHARLES AND 11 OTHERS COURT OF APPEAL OF TANZANIA AT MWANZA (CORAM: MUGASHA, KEREFU, KIHWELO, JJ.A.) CIVIL APPLICATION NO. 426 OF 2018 (From the Decision of the High Court of Tanzania at Mwanza dated the 14 th day of January 2014 in Land Appeal No. 55 of 2009) Locus standi – jurisdictional requirement – litigant must show sufficient interest in subject matter to maintain suit Capacity to sue – actions relating to deceased’s estate must be brought by legal/personal representative Procedural irregularity – failure to consider locus standi renders proceedings a nullity Revision – non-party with interest may seek revision where rights are affected This was an application for revision in which the applicant sought the Court’s intervention to examine the legality, regularity, and propriety of the proceedings and judgment of the High Court in Land Appeal Case No. 55 of 2009, delivered on 14/01/2014. In that decision, the High Court had reversed the ruling of the District Land and Housing Tribunal in Land Application No. 160 of 2007. During the hearing, the Court invited the parties to address it on the propriety of the proceedings and judgments of both the Tribunal and the High Court, particularly concerning the locus standi of the 1st respondent. The 1st respondent, though appointed as Administrator of the Estate of the late Michael Msuma, had instituted the suit in his own name and personal capacity. The central issue argued before the Court was whether it was proper for the 1st respondent to sue in his own name instead of expressly doing so in his capacity as administrator of the deceased’s estate. Held: (i) The Court held that an 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. (ii) The Court stressed that 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. The Appeal was allowed. Statutory Provisions referred to: (i) Court of Appeal Rules, 2009 as amended rule 57(3) and 63(2). Cases referred to: (i) Lujuna Shubi Ballonzi Senior Vs Registered Trustess of Chama cha Mapinduzi [1996] TLR 203. (ii) Godbless Jonathan Lema Vs Mussa Hamis Mkanga and Two Others, Civil Appeal No. 47 of 2012 [Unreported]. (iii) 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 Counsel for the appellant.