20161215 TZHC Dar es Salaam

20161215 TZHC Dar es Salaam

The Dispute Adjudication Board and the Arbitration Foundation of South Africa are not courts within the meaning of the Civil Procedure Code, and their proceedings are not suits commenced by plaint; therefore, the doctrines of res subjudice and res judicata do not apply to the counterclaim.

Citation
20161215 TZHC Dar es Salaam
Parties
Plaintiff: Mtibwa Sugar Estates Limited; Defendant: Siemens Tanzania Limited; Defendant: Siemens Limited; Defendant: Siemens (Proprietary) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2016
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Res Subjudice, Res Judicata, Preliminary Objection
Source Language
English
Civil Procedure Res Subjudice Res Judicata Preliminary Objection

Case Brief

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Parties

Mtibwa Sugar Estates Limited

Plaintiff

Siemens Tanzania Limited

Defendant

Siemens Limited

Defendant

Siemens (Proprietary) Limited

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counterclaim is barred by res subjudice due to pending proceedings before the Dispute Adjudication Board
  2. 2 Whether the counterclaim is barred by res judicata due to an arbitral award by the Arbitration Foundation of South Africa

Ratio Decidendi

The Dispute Adjudication Board and the Arbitration Foundation of South Africa are not courts within the meaning of the Civil Procedure Code, and their proceedings are not suits commenced by plaint; therefore, the doctrines of res subjudice and res judicata do not apply to the counterclaim.

Court Disposition

Preliminary objection overruled with costs

Orders

  • The two-point preliminary objection is overruled in its entirety with costs