DORIS MARTIN MINJA VS DIAMOND TRUST BANK MISC

DORIS MARTIN MINJA VS DIAMOND TRUST BANK MISC

Preliminary objections lack merit as limitation is not applicable to objection proceedings under Order XXI Rule 57 of CPC, res judicata does not apply as issues differ and prior matters were not finally determined, application is properly made and applicant was not a party but a legal representative.

Citation
DORIS MARTIN MINJA VS DIAMOND TRUST BANK MISC
Parties
Applicant: Doris Martin Minja; 1st Respondent: Diamond Trust Bank; 2nd Respondent: Kahela Traders Limited; 3rd Respondent: Alex Yakobo Kahela; 4th Respondent: Asteria Sugwejo Kahela; 5th Respondent: First World Investment Court Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs to applicant.
Legal Topics
Objection Proceedings, Limitation of Actions, Res Judicata, Proper Party, Relief Sought
Source Language
English
Civil Procedure Commercial Law Objection Proceedings Limitation of Actions Res Judicata Proper Party Relief Sought

Case Brief

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Parties

Doris Martin Minja

Applicant

Diamond Trust Bank

1st Respondent

Kahela Traders Limited

2nd Respondent

Alex Yakobo Kahela

3rd Respondent

Asteria Sugwejo Kahela

4th Respondent

First World Investment Court Broker

5th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is time barred
  2. 2 Whether the application is res judicata
  3. 3 Whether the court is properly moved

Ratio Decidendi

Preliminary objections lack merit as limitation is not applicable to objection proceedings under Order XXI Rule 57 of CPC, res judicata does not apply as issues differ and prior matters were not finally determined, application is properly made and applicant was not a party but a legal representative.

Court Disposition

Preliminary objections dismissed with costs to applicant.

Orders

  • All preliminary objections raised by the 1st respondent are dismissed with costs to the applicant.