charles werongo another vs crdb bank 2 others 2022 tzhclandd 12670 7 december 2022
The application is res-subjudice as the same parties, reliefs, and subject matter (Plot No. 566) are involved in both the Kisutu and High Court applications; the law prohibits simultaneous proceedings to avoid conflicting decisions.
- Citation
- charles werongo another vs crdb bank 2 others 2022 tzhclandd 12670 7 december 2022
- Parties
- Applicant: Charles Werongo; Applicant: Mabibo Construction Co. Ltd; Respondent: CRDB Bank; Respondent: Adili Auction Mart; Respondent: Afrimax Enterprises Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2022
- Procedural Posture
- Miscellaneous Land Application / Preliminary Objection Ruling
- Outcome
- Application struck out with costs
- Legal Topics
- Res Subjudice, Interim Injunction, Temporary Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Werongo
Applicant
Mabibo Construction Co. Ltd
Applicant
CRDB Bank
Respondent
Adili Auction Mart
Respondent
Afrimax Enterprises Ltd
Respondent
Procedural Posture
Miscellaneous Land Application / Preliminary Objection Ruling
Legal Issues
- 1 Whether the application is barred by res-subjudice under section 8 of the Civil Procedure Code
- 2 Whether the remedy is to strike out or stay the proceedings
Ratio Decidendi
The application is res-subjudice as the same parties, reliefs, and subject matter (Plot No. 566) are involved in both the Kisutu and High Court applications; the law prohibits simultaneous proceedings to avoid conflicting decisions.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Costs awarded to respondents
Full Case Text
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