20200807 TZHC Dar es Salaam

20200807 TZHC Dar es Salaam

The doctrine of res subjudice does not apply as the previous suit was dismissed, parties and issues are not the same, and no pending suit exists between the same parties on the same matter. The preliminary objections are overruled.

Citation
20200807 TZHC Dar es Salaam
Parties
Plaintiff: Azania Bank Ltd; 1st Defendant: Mkongowo Trading Co. Ltd; 2nd Defendant: Peter Rodrick Ngowo; 3rd Defendant: Halima Rodrick Ngowo; 4th Defendant: Issa Ally Mcherecheta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 2020
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled with costs
Legal Topics
Res Subjudice, Abuse of Process, Preliminary Objection
Source Language
English
Civil Procedure Res Subjudice Abuse of Process Preliminary Objection

Case Brief

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Parties

Azania Bank Ltd

Plaintiff

Mkongowo Trading Co. Ltd

1st Defendant

Peter Rodrick Ngowo

2nd Defendant

Halima Rodrick Ngowo

3rd Defendant

Issa Ally Mcherecheta

4th Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by the doctrine of res subjudice
  2. 2 Whether the suit is an abuse of court process

Ratio Decidendi

The doctrine of res subjudice does not apply as the previous suit was dismissed, parties and issues are not the same, and no pending suit exists between the same parties on the same matter. The preliminary objections are overruled.

Court Disposition

Preliminary objections overruled with costs

Orders

  • Preliminary objections dismissed
  • Costs awarded to Plaintiff