20140710 TZHC Dar es Salaam

20140710 TZHC Dar es Salaam

The court held that the matter in the former suit was not directly and substantially in issue in the present suit, except for the sum admitted by the plaintiff. Since the preconditions for res judicata must be proved cumulatively and the first was not met, the doctrine does not apply. The preliminary objection was overruled.

Citation
20140710 TZHC Dar es Salaam
Parties
Plaintiff: Kilimanjaro Paints (T) Ltd; Defendant: Consolidated Holding Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2014
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Res Judicata, Jurisdiction, Bank Loan Recovery, Mortgage Seizure
Source Language
English
Civil Procedure Res Judicata Jurisdiction Bank Loan Recovery Mortgage Seizure

Case Brief

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Parties

Kilimanjaro Paints (T) Ltd

Plaintiff

Consolidated Holding Corporation

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the present suit is barred by res judicata under section 9 of the Civil Procedure Code, Cap. 33, R.E. 2002

Ratio Decidendi

The court held that the matter in the former suit was not directly and substantially in issue in the present suit, except for the sum admitted by the plaintiff. Since the preconditions for res judicata must be proved cumulatively and the first was not met, the doctrine does not apply. The preliminary objection was overruled.

Court Disposition

Preliminary objection overruled

Orders

  • The preliminary objection is overruled.
  • The suit shall proceed.