19881104 TZHC Dar es Salaam

The appellant, having sued for refund of money and obtained a consent judgment, cannot now seek a different relief (specific performance) which was not claimed in the lower court.

Citation: 19881104 TZHC Dar es Salaam
Parties: Appellant: Abdalla Selemani Ally; Respondent: Mohamed Kulebya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 November 1988
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Consent Judgment, Specific Performance, Pleadings, Amendment of Plaint
Source Language: English

Civil Law Consent Judgment Specific Performance Pleadings Amendment of Plaint

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Parties

Abdalla Selemani Ally

Appellant

Mohamed Kulebya

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant can seek relief not claimed in the original suit after a consent judgment was entered in his favor

Ratio Decidendi

The appellant, having sued for refund of money and obtained a consent judgment, cannot now seek a different relief (specific performance) which was not claimed in the lower court.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs