dorris martin minja vs dimond trust bank 4 others 2018 tzhccomd 102 9 july 2018

dorris martin minja vs dimond trust bank 4 others 2018 tzhccomd 102 9 july 2018

The court has no mandate to examine limitation in objection proceedings under Order XXI Rule 57 of CPC; the application is not res judicata as the issues and parties are not the same as in previous applications; the applicant was not a party in personal capacity in the main suit; failure to seek explicit relief does not invalidate the application; all preliminary objections lack merit.

Citation
dorris martin minja vs dimond trust bank 4 others 2018 tzhccomd 102 9 july 2018
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
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 July 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs to the applicant.
Legal Topics
Objection Proceedings, Limitation of Actions, Res Judicata, Proper Party to Proceedings, Relief Sought in Applications
Source Language
English
Civil Procedure Commercial Law Objection Proceedings Limitation of Actions Res Judicata Proper Party to Proceedings Relief Sought in Applications

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 was properly moved

Ratio Decidendi

The court has no mandate to examine limitation in objection proceedings under Order XXI Rule 57 of CPC; the application is not res judicata as the issues and parties are not the same as in previous applications; the applicant was not a party in personal capacity in the main suit; failure to seek explicit relief does not invalidate the application; all preliminary objections lack merit.

Court Disposition

Preliminary objections dismissed with costs to the applicant.

Orders

  • All preliminary objections dismissed.
  • Costs awarded to the applicant.