jeremy wood another vs robert choudury another 2007 tzhccomd 63 4 april 2007

jeremy wood another vs robert choudury another 2007 tzhccomd 63 4 april 2007

The parties are not litigating under the same title and the subject matter in the lower court is not the same as in the present suit; therefore, the suit is not res sub judice.

Citation
jeremy wood another vs robert choudury another 2007 tzhccomd 63 4 april 2007
Parties
Applicant/plaintiff: Jeremy Woods; Applicant/plaintiff: Cameron Woods; Respondent/defendant: Robert Choudury; Respondent/defendant: Cullinan Cut & Polish Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 April 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Res Sub Judice, Attachment Before Judgment
Source Language
English
Civil Procedure Res Sub Judice Attachment Before Judgment

Case Brief

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Parties

Jeremy Woods

Applicant/plaintiff

Cameron Woods

Applicant/plaintiff

Robert Choudury

Respondent/defendant

Cullinan Cut & Polish Ltd

Respondent/defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is res sub judice due to a pending matter in Kisutu Resident Magistrate’s Court
  2. 2 Whether the parties and subject matter are the same in both suits

Ratio Decidendi

The parties are not litigating under the same title and the subject matter in the lower court is not the same as in the present suit; therefore, the suit is not res sub judice.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant