andrea sirith makoi vs doreen andrew 4 others 2023 tzhclandd 17199 12 december 2023

andrea sirith makoi vs doreen andrew 4 others 2023 tzhclandd 17199 12 december 2023

A suit withdrawn without leave to refile under Order XXIII Rule 1(3) CPC precludes institution of a fresh suit on the same subject matter, regardless of differences in parties, causes of action, or reliefs; any party impleaded in the fresh suit has locus to raise a preliminary objection; regulations silent on effect of withdrawal are supplemented by CPC via section 51(2) Cap 216.

Citation
andrea sirith makoi vs doreen andrew 4 others 2023 tzhclandd 17199 12 december 2023
Parties
Appellant: Andrea Siritho Makoi; 1st Respondent: Doreen Andrew; 2nd Respondent: National Microfinance Bank PLC; 3rd Respondent: Bani Investment Limited; 4th Respondent: Victoria Golden Mgeni; 5th Respondent: Elisifa Awuniel Ngowi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2023
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Withdrawal of Suit, Preliminary Objection, Res Judicata, Party Locus Standi
Source Language
English
Civil Procedure Land Law Withdrawal of Suit Preliminary Objection Res Judicata Party Locus Standi

Case Brief

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Parties

Andrea Siritho Makoi

Appellant

Doreen Andrew

1st Respondent

National Microfinance Bank PLC

2nd Respondent

Bani Investment Limited

3rd Respondent

Victoria Golden Mgeni

4th Respondent

Elisifa Awuniel Ngowi

5th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether a suit withdrawn without leave to refile precludes a fresh suit on the same subject matter
  2. 2 Whether parties not involved in the previous suit can raise a preliminary objection under Order XXIII Rule 3
  3. 3 Whether different causes of action and reliefs allow refiling after withdrawal without leave

Ratio Decidendi

A suit withdrawn without leave to refile under Order XXIII Rule 1(3) CPC precludes institution of a fresh suit on the same subject matter, regardless of differences in parties, causes of action, or reliefs; any party impleaded in the fresh suit has locus to raise a preliminary objection; regulations silent on effect of withdrawal are supplemented by CPC via section 51(2) Cap 216.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs