kawe apartments limited vs exim bank tanzania limited and by way of counter claim exim bank tanzania limited vs kawe apartment and another 2021 tzhclandd 612 17 septem

kawe apartments limited vs exim bank tanzania limited and by way of counter claim exim bank tanzania limited vs kawe apartment and another 2021 tzhclandd 612 17 septem

The counter claim is not res sub judice because the parties and reliefs in the pending Civil Appeal No. 100 of 2020 are not the same as those in the counter claim, and other referenced proceedings have been finalized. The counter claim is also not premature as no condition precedent remains unfulfilled. The preliminary objection is without basis and is overruled.

Citation
kawe apartments limited vs exim bank tanzania limited and by way of counter claim exim bank tanzania limited vs kawe apartment and another 2021 tzhclandd 612 17 septem
Parties
Plaintiff / 1st Defendant in Counter Claim: Kawe Apartments Limited; Defendant / Plaintiff in Counter Claim: Exim Bank Tanzania Limited; 2nd Defendant in Counter Claim: National Furnishers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Land Case / Ruling on Preliminary Objection to Counter Claim
Outcome
Preliminary objection overruled
Legal Topics
Res Sub Judice, Prematurity of Suit, Counter Claim Procedure, Mortgage Sale, Execution of Decree
Source Language
English
Civil Procedure Land Law Banking Law Res Sub Judice Prematurity of Suit Counter Claim Procedure Mortgage Sale Execution of Decree

Case Brief

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Parties

Kawe Apartments Limited

Plaintiff / 1st Defendant in Counter Claim

Exim Bank Tanzania Limited

Defendant / Plaintiff in Counter Claim

National Furnishers Limited

2nd Defendant in Counter Claim

Procedural Posture

Land Case / Ruling on Preliminary Objection to Counter Claim

Legal Issues

  1. 1 Whether the counter claim is res sub judice due to pending proceedings
  2. 2 Whether the counter claim is prematurely before the court

Ratio Decidendi

The counter claim is not res sub judice because the parties and reliefs in the pending Civil Appeal No. 100 of 2020 are not the same as those in the counter claim, and other referenced proceedings have been finalized. The counter claim is also not premature as no condition precedent remains unfulfilled. The preliminary objection is without basis and is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Plaintiff’s preliminary objection is overruled.
  • Costs to follow the event.