davis jonathan mkony vs equity bank tanzania limited 2 others 2022 tzhclandd 10 21 january 2022

The suit is res judicata as the same subject matter and parties were previously determined by a competent tribunal, and the dismissal for want of prosecution was not set aside; therefore, the court lacks jurisdiction to entertain the matter.

Citation: davis jonathan mkony vs equity bank tanzania limited 2 others 2022 tzhclandd 10 21 january 2022
Parties: Plaintiff: Davis Jonathan Mkony; 1st Defendant: Equity Bank Tanzania Limited; 2nd Defendant: Desteni Company Limited; 3rd Defendant: Urban and Rural Engineering Services Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 21 January 2022
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: preliminary objection sustained; suit dismissed
Legal Topics: Res Judicata, Jurisdiction, Mortgage, Dismissal for Want of Prosecution
Source Language: English

Civil Procedure Land Law Res Judicata Jurisdiction Mortgage Dismissal for Want of Prosecution

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Parties

Davis Jonathan Mkony

Plaintiff

Equity Bank Tanzania Limited

1st Defendant

Desteni Company Limited

2nd Defendant

Urban and Rural Engineering Services Limited

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is barred by res judicata
2 Whether the court has jurisdiction to entertain the suit

Ratio Decidendi

Court Disposition

preliminary objection sustained; suit dismissed

Orders

Suit dismissed for want of jurisdiction as res judicata
Plaintiff to bear costs