clara mathias kwilasa vs efc tanzania microfinance bank ltd andothers 2021 tzhclandd 213 24 may 2021
The suit is res judicata because the previous dismissal was under Order IX Rule 5 of the Civil Procedure Code CAP 33 RE 2019, which does not permit filing a fresh suit, and the court is functus officio.
- Citation
- clara mathias kwilasa vs efc tanzania microfinance bank ltd andothers 2021 tzhclandd 213 24 may 2021
- Parties
- Plaintiff: Clara Mathias Kwilasa; 1st Defendant: EFC Tanzania Microfinance Bank Limited; 2nd Defendant: Nutmeg Auctioneers Company Limited; 3rd Defendant: Salu Ally Salum
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 May 2021
- Procedural Posture
- Land Case / Ruling on Preliminary Objections
- Outcome
- Suit dismissed with costs
- Legal Topics
- Res Judicata, Jurisdiction, Dismissal for Non Appearance, Civil Procedure Code Interpretation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Clara Mathias Kwilasa
Plaintiff
EFC Tanzania Microfinance Bank Limited
1st Defendant
Nutmeg Auctioneers Company Limited
2nd Defendant
Salu Ally Salum
3rd Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the suit is barred by res judicata
- 2 Whether the court has jurisdiction to entertain the suit after previous dismissal
Ratio Decidendi
The suit is res judicata because the previous dismissal was under Order IX Rule 5 of the Civil Procedure Code CAP 33 RE 2019, which does not permit filing a fresh suit, and the court is functus officio.
Court Disposition
Suit dismissed with costs
Orders
- Suit dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment