babati saccos ltd and another vs reginald sanka 2020 tzhc 4589 14 december 2020

babati saccos ltd and another vs reginald sanka 2020 tzhc 4589 14 december 2020

The attachment of the respondent's house, which was not pledged as collateral, does not fall within the business of the cooperative society as defined by Regulation 83(1), thus the land Tribunal has jurisdiction to hear the matter. The appeal lacks merit and is dismissed.

Citation
babati saccos ltd and another vs reginald sanka 2020 tzhc 4589 14 december 2020
Parties
Appellant: Babati SACCOS Ltd; Appellant: Tanfil Consultant (E.A) Ltd; Respondent: Reginald Sanka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Res Judicata, Trespass, Cooperative Society Dispute Resolution
Source Language
English
Land Law Cooperative Societies Law Jurisdiction Res Judicata Trespass Cooperative Society Dispute Resolution

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Parties

Babati SACCOS Ltd

Appellant

Tanfil Consultant (E.A) Ltd

Appellant

Reginald Sanka

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain the application given Regulation 83(1) of the Cooperative Societies Regulations, 2015
  2. 2 Whether the application was barred by res judicata
  3. 3 Whether the trial Tribunal erred in departing from the High Court's previous decision

Ratio Decidendi

The attachment of the respondent's house, which was not pledged as collateral, does not fall within the business of the cooperative society as defined by Regulation 83(1), thus the land Tribunal has jurisdiction to hear the matter. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • The suit to proceed on merits before the trial Tribunal.
  • Costs to abide with the events.