20141125 TZHC Dar es Salaam

20141125 TZHC Dar es Salaam

The suit is res sub judice because the same parties and cause of action are involved in a previously instituted and pending Land Case No. 287 of 2010; therefore, this suit must be stayed until the disposal of the earlier case.

Source-derived case information.

Citation
20141125 TZHC Dar es Salaam
Parties
Plaintiff: BUCO Investment Holding Ltd; Defendant: CRDB Bank Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 November 2014
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit stayed for being res sub judice until final disposal of Land Case No. 287 of 2010.
Legal Topics
Res Sub Judice, Jurisdiction, Contractual Agreements on Forum, Stay of Proceedings
Source Language
english
Civil Procedure Res Sub Judice Jurisdiction Contractual Agreements on Forum Stay of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

BUCO Investment Holding Ltd

Plaintiff

CRDB Bank Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is res sub judice in view of Land Case No. 287 of 2010
  2. 2 Whether the agreement to submit disputes to the Commercial Division ousts the court's jurisdiction

Ratio Decidendi

The suit is res sub judice because the same parties and cause of action are involved in a previously instituted and pending Land Case No. 287 of 2010; therefore, this suit must be stayed until the disposal of the earlier case.

Court Disposition

Suit stayed for being res sub judice until final disposal of Land Case No. 287 of 2010.

Orders

  • Suit stayed until final disposal of Land Case No. 287 of 2010.
  • Costs shall be in the course.