ahamadi selemani mtipa vs crdb 1996 ltd another 2013 tzhc 2239 28 may 2013

ahamadi selemani mtipa vs crdb 1996 ltd another 2013 tzhc 2239 28 may 2013

The appeal was dismissed because the appellant's fresh suit before the District Land and Housing Tribunal was barred by res sub judice, as the High Court had already ordered a retrial of the original case in the Resident Magistrate's Court, which remained pending. The tribunal therefore lacked jurisdiction to entertain the matter.

Citation
ahamadi selemani mtipa vs crdb 1996 ltd another 2013 tzhc 2239 28 may 2013
Parties
Appellant: Ahamadi Selemani Mtipa; 1st Respondent: CRDB [1996] Ltd; 2nd Respondent: Kalista Mbonde (Legal Administratrix of the late Lameck Selemani)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2013
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Res Judicata, Res Sub Judice, Jurisdiction, Mortgage, Execution of Judgments
Source Language
English
Land Law Civil Procedure Res Judicata Res Sub Judice Jurisdiction Mortgage Execution of Judgments

Case Brief

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Parties

Ahamadi Selemani Mtipa

Appellant

CRDB [1996] Ltd

1st Respondent

Kalista Mbonde (Legal Administratrix of the late Lameck Selemani)

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain the matter given the prior High Court order for retrial in the Resident Magistrate's Court
  2. 2 Whether the appellant's claim was barred by res judicata or res sub judice
  3. 3 Whether the reliefs sought (vacant possession and mesne profits) could be granted by the tribunal

Ratio Decidendi

The appeal was dismissed because the appellant's fresh suit before the District Land and Housing Tribunal was barred by res sub judice, as the High Court had already ordered a retrial of the original case in the Resident Magistrate's Court, which remained pending. The tribunal therefore lacked jurisdiction to entertain the matter.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents