mohamed r lema vs athuman j aden 2023 tzhc 23489 30 november 2023

mohamed r lema vs athuman j aden 2023 tzhc 23489 30 november 2023

The suit is not barred by res judicata because it is founded on new defamatory statements allegedly published by the respondent after serving his jail sentence, constituting a new cause of action.

Citation
mohamed r lema vs athuman j aden 2023 tzhc 23489 30 november 2023
Parties
Petitioner: Mohamed R. Lema; Respondent: Athuman J. Aden
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2023
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Defamation, Res Judicata, Preliminary Objection
Source Language
English
Civil Procedure Tort Defamation Res Judicata Preliminary Objection

Case Brief

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Parties

Mohamed R. Lema

Petitioner

Athuman J. Aden

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by res judicata under section 9 of the Civil Procedure Code

Ratio Decidendi

The suit is not barred by res judicata because it is founded on new defamatory statements allegedly published by the respondent after serving his jail sentence, constituting a new cause of action.

Court Disposition

preliminary objection overruled

Orders

  • The preliminary objection is overruled.
  • The matter is to proceed from where it ended.