MOHAMED GAHER VS ETHALION LTD COMM CASE NO

MOHAMED GAHER VS ETHALION LTD COMM CASE NO

The suit is res judicata as all five conditions under section 9 of the Civil Procedure Code are met: the matter in issue, parties, title, competent court, and finality of the previous decision in Commercial Case No. 97 of 2020. The plaintiffs' claims are substantially the same as those previously litigated, and the inclusion of the 3rd plaintiff does not alter the application of res judicata. The suit is therefore dismissed.

Citation
MOHAMED GAHER VS ETHALION LTD COMM CASE NO
Parties
1st Plaintiff: Mohamed Gaher; 2nd Plaintiff: Abdilah Ghaher; 3rd Plaintiff: Mohamed Gaher (Administrator of Estate of Gaher Mohamed); 4th Plaintiff: Mrs. Asha Abdulkadir; 1st Defendant: Ethalion Limited; 2nd Defendant: Leon Edward Hooper
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Commercial Case / Preliminary Objection Ruling
Outcome
Suit dismissed with costs
Legal Topics
Res Judicata, Share Purchase Agreement, Breach of Contract, Limitation of Actions
Source Language
English
Civil Procedure Commercial Law Res Judicata Share Purchase Agreement Breach of Contract Limitation of Actions

Case Brief

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Parties

Mohamed Gaher

1st Plaintiff

Abdilah Ghaher

2nd Plaintiff

Mohamed Gaher (Administrator of Estate of Gaher Mohamed)

3rd Plaintiff

Mrs. Asha Abdulkadir

4th Plaintiff

Ethalion Limited

1st Defendant

Leon Edward Hooper

2nd Defendant

Procedural Posture

Commercial Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the suit is barred by res judicata in light of Commercial Case No. 97 of 2020
  2. 2 Whether the suit is time barred
  3. 3 Whether the 3rd plaintiff is properly joined

Ratio Decidendi

The suit is res judicata as all five conditions under section 9 of the Civil Procedure Code are met: the matter in issue, parties, title, competent court, and finality of the previous decision in Commercial Case No. 97 of 2020. The plaintiffs' claims are substantially the same as those previously litigated, and the inclusion of the 3rd plaintiff does not alter the application of res judicata. The suit is therefore dismissed.

Court Disposition

Suit dismissed with costs

Orders

  • The suit is dismissed as res judicata Commercial Case No. 97 of 2020.
  • Plaintiffs to pay costs.