19751203 TZHC Tabora
The appeal is dismissed because the matter is res judicata, having already been decided by the same court and affirmed on appeal.
Source-derived case information.
- Citation
- 19751203 TZHC Tabora
- Parties
- Appellant: Deograsia Kabia; Respondent: Bolitahe11 Ba
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 1975
- Procedural Posture
- Miscellaneous Civil Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Res Judicata, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Deograsia Kabia
Appellant
Bolitahe11 Ba
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the appellant's action is barred by res judicata
Ratio Decidendi
The appeal is dismissed because the matter is res judicata, having already been decided by the same court and affirmed on appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN T7Z HIGET Mj.*--?lT OF 1p&FI ZAPI& AT TABORA MISC. CIVIL OSE APPEAL NO. 16 OF 1975 (Oriina1 Kioma N rinoni1 CrL1SO No. 3/72) DEOGRASIA.KABIA. ........................Appellaiat . Versus BOLLTAHE11.BA •.....,.,...,,.....,.....,... Rospondoia (Original . . . .. . . .. . . ) JIJDGLENT MAPIG-ANO, B. P., - J. This appeal is absolutely lame, The learned Mgistrato was perfectly jistificA in disuissing the appellant's action against the respondent as it w 's c1e•rly res ju.icata. Exact1 the sno attor had boon brought by the appc1lnt against the respondent and hd been adjudicated end, finally decidecT, by the same Court. The appellant' iiol to the Tigh Court froLi th t decision wes disLlissod by Mwakasondo, J. on 28/4/75. In law, therefore, the appellant was disabled froja being ho rcI afresh on the seme imattor. Accordingly, this pel is dismissed. JA, Tabora, 1tiL' D. P. MAPIG-ANO, 3rd December, 1975 JUDG-E.