20050804 TZHC Arusha

20050804 TZHC Arusha

The present suit is based on the same cause of action as the abated Civil Case No. 5 of 2000, and is therefore barred by Order XXII rule 9(1) of the Civil Procedure Code. Consequently, the application for injunction is not maintainable.

Citation
20050804 TZHC Arusha
Parties
Plaintiff: Ambrose John Mrema; 1st Defendant: Julita Daudi; 2nd Defendant: Joseph Laizer
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2005
Procedural Posture
Land Case / Ruling on Preliminary Objection and Application for Injunction
Outcome
Application and main suit dismissed as barred by law and incompetent.
Legal Topics
Abatement of Suit, Injunctions, Cause of Action, Bar to Fresh Suit
Source Language
English
Civil Procedure Land Law Abatement of Suit Injunctions Cause of Action Bar to Fresh Suit

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Parties

Ambrose John Mrema

Plaintiff

Julita Daudi

1st Defendant

Joseph Laizer

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection and Application for Injunction

Legal Issues

  1. 1 Whether the present suit is barred by abatement of a previous suit under Order XXII rule 9(1) of the Civil Procedure Code
  2. 2 Whether the application for injunction is maintainable

Ratio Decidendi

The present suit is based on the same cause of action as the abated Civil Case No. 5 of 2000, and is therefore barred by Order XXII rule 9(1) of the Civil Procedure Code. Consequently, the application for injunction is not maintainable.

Court Disposition

Application and main suit dismissed as barred by law and incompetent.

Orders

  • Application for injunction dismissed.
  • Main suit dismissed.