ardhi plan limited vs crdb bank plc 2022 tzhccomd 183 11 july 2022

ardhi plan limited vs crdb bank plc 2022 tzhccomd 183 11 july 2022

The present suit is dismissed as it is res sub judice to Commercial Case No. 90 of 2020 and constitutes an abuse of the process of the court, given the same parties and subject matter are already pending determination.

Citation
ardhi plan limited vs crdb bank plc 2022 tzhccomd 183 11 july 2022
Parties
Plaintiff: Ardhi Plan Limited; Defendant: CRDB Bank PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 July 2022
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit dismissed for being res sub judice and an abuse of process.
Legal Topics
Res Sub Judice, Abuse of Process, Multiplicity of Suits
Source Language
English
Civil Procedure Commercial Law Res Sub Judice Abuse of Process Multiplicity of Suits

Case Brief

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Parties

Ardhi Plan Limited

Plaintiff

CRDB Bank PLC

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the present suit is res sub judice to Commercial Case No. 90 of 2020
  2. 2 Whether the present suit constitutes an abuse of court process

Ratio Decidendi

The present suit is dismissed as it is res sub judice to Commercial Case No. 90 of 2020 and constitutes an abuse of the process of the court, given the same parties and subject matter are already pending determination.

Court Disposition

Suit dismissed for being res sub judice and an abuse of process.

Orders

  • The suit is dismissed for being res sub judice and an abuse of process.
  • The Plaintiff is to pay costs.