David Joseph Mazoea vs NMB and 2Others

David Joseph Mazoea vs NMB and 2Others

The present suit is incompetent as it is barred by res judicata; the issues and parties are the same as in Land Application No. 15 of 2019, which was finally decided by a competent court and has not been challenged. The plaintiff should have first challenged the prior decision before filing a new suit.

Source-derived case information.

Citation
David Joseph Mazoea vs NMB and 2Others
Parties
Plaintiff: David Joseph Mazoea; 1st Defendant: National Microfinance Bank PLC Ltd; 2nd Defendant: Nsombo and Company Ltd; 3rd Defendant: Gwalipo A. Mwakifumbwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out
Legal Topics
Res Judicata, Res Subjudice, Jurisdiction, Loan Recovery, Auction of Mortgaged Property
Source Language
english
Civil Procedure Land Law Res Judicata Res Subjudice Jurisdiction Loan Recovery Auction of Mortgaged Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Joseph Mazoea

Plaintiff

National Microfinance Bank PLC Ltd

1st Defendant

Nsombo and Company Ltd

2nd Defendant

Gwalipo A. Mwakifumbwa

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by res judicata due to prior decisions in Land Application No. 26 of 2018 and Land Appeal No. 15 of 2019
  2. 2 Whether the suit is res subjudice

Ratio Decidendi

The present suit is incompetent as it is barred by res judicata; the issues and parties are the same as in Land Application No. 15 of 2019, which was finally decided by a competent court and has not been challenged. The plaintiff should have first challenged the prior decision before filing a new suit.

Court Disposition

Suit struck out

Orders

  • The suit is struck out as incompetent.
  • Each party to bear its own costs.