19980616 TZHC Dar es Salaam 1

19980616 TZHC Dar es Salaam 1

The plaintiff's claim for compensation and damages is not barred by res judicata as the previous case concerned ownership and rectification of the register, not compensation for negligence or double allocation.

Citation
19980616 TZHC Dar es Salaam 1
Parties
Plaintiff: Cosmos Construction Co. Ltd.; Defendant: Kunda Isai; Defendant: Arrow Garments Ltd.; Defendant: City Commission; Defendant: Registrar of Titles
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 1998
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for compensation and damages is not barred by res judicata; matter proceeds on merits.
Legal Topics
Land Ownership, Compensation, Damages, Res Judicata
Source Language
English
Property Law Civil Procedure Land Ownership Compensation Damages Res Judicata

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Cosmos Construction Co. Ltd.

Plaintiff

Kunda Isai

Defendant

Arrow Garments Ltd.

Defendant

City Commission

Defendant

Registrar of Titles

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation and damages for loss of use of plot No. 77 due to double allocation and negligence by defendants
  2. 2 Whether the doctrine of res judicata bars the plaintiff's claim

Ratio Decidendi

The plaintiff's claim for compensation and damages is not barred by res judicata as the previous case concerned ownership and rectification of the register, not compensation for negligence or double allocation.

Court Disposition

Plaintiff's claim for compensation and damages is not barred by res judicata; matter proceeds on merits.