mohamed shabani maingwa vs beatrice matumbo shelukindo and 4 others 2011 tzhc 2119 23 september 2011

mohamed shabani maingwa vs beatrice matumbo shelukindo and 4 others 2011 tzhc 2119 23 september 2011

The petition is barred by res judicata as all conditions for its application are met: same parties, same issues, same court, and the matter was previously decided. The argument for review is an afterthought and unsupported by pleadings.

Citation
mohamed shabani maingwa vs beatrice matumbo shelukindo and 4 others 2011 tzhc 2119 23 september 2011
Parties
Petitioner: Mohamed Shabani Maigwa; Respondent: Beatrice Matumbo Shelukindo; Respondent: Musa Mbota; Respondent: Salim Shabani Mangola (Nkoba); Respondent: Allui Segamba; Respondent: Haji Salehe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2011
Procedural Posture
Election Petition / Ruling on Preliminary Objection
Outcome
petition dismissed with costs
Legal Topics
Res Judicata, Jurisdiction, Locus Standi, CCM Party Election Rules
Source Language
English
Civil Procedure Election Law Res Judicata Jurisdiction Locus Standi CCM Party Election Rules

Case Brief

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Parties

Mohamed Shabani Maigwa

Petitioner

Beatrice Matumbo Shelukindo

Respondent

Musa Mbota

Respondent

Salim Shabani Mangola (Nkoba)

Respondent

Allui Segamba

Respondent

Haji Salehe

Respondent

Procedural Posture

Election Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is barred by res judicata
  2. 2 Whether the court has jurisdiction to entertain the matter
  3. 3 Whether the petitioner has locus standi

Ratio Decidendi

The petition is barred by res judicata as all conditions for its application are met: same parties, same issues, same court, and the matter was previously decided. The argument for review is an afterthought and unsupported by pleadings.

Court Disposition

petition dismissed with costs

Orders

  • The petition is dismissed as res judicata.
  • Petitioner to pay costs.