clement stephano kaaya vs kinondoni municipal council 4 others 2022 tzhclandd 12561 9 november 2022

clement stephano kaaya vs kinondoni municipal council 4 others 2022 tzhclandd 12561 9 november 2022

The present suit is improper and amounts to abuse of court process as there is a prior suit pending before the District Court involving the same subject matter. The plaintiff should pursue his rights in the earlier instituted suit. The District Court is not automatically rendered without jurisdiction as the matter was instituted before the enactment of the Land Disputes Courts Act. The preliminary objection is sustained and the suit is struck out with costs.

Citation
clement stephano kaaya vs kinondoni municipal council 4 others 2022 tzhclandd 12561 9 november 2022
Parties
Plaintiff: Clement Stephano Kaaya; 1st Defendant: Kinondoni Municipal Council; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Attorney General; 4th Defendant: Elizabeth Mowero; 5th Defendant: Brenda Al James Maina
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 November 2022
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Res Subjudice, Jurisdiction, Abuse of Court Process, Forum Shopping
Source Language
English
Civil Procedure Land Law Res Subjudice Jurisdiction Abuse of Court Process Forum Shopping

Case Brief

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Parties

Clement Stephano Kaaya

Plaintiff

Kinondoni Municipal Council

1st Defendant

Commissioner for Lands

2nd Defendant

Attorney General

3rd Defendant

Elizabeth Mowero

4th Defendant

Brenda Al James Maina

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the present suit is res subjudice due to pendency of Civil Case No. 106 of 2000 before the District Court
  2. 2 Whether the present suit amounts to abuse of court process and forum shopping
  3. 3 Whether the District Court has jurisdiction over the land dispute

Ratio Decidendi

The present suit is improper and amounts to abuse of court process as there is a prior suit pending before the District Court involving the same subject matter. The plaintiff should pursue his rights in the earlier instituted suit. The District Court is not automatically rendered without jurisdiction as the matter was instituted before the enactment of the Land Disputes Courts Act. The preliminary objection is sustained and the suit is struck out with costs.

Court Disposition

Suit struck out with costs

Orders

  • The preliminary objection is sustained.
  • The suit is struck out with costs.