edgar edward kaijage vs erick edward kaijage 4 others 2023 tzhclandd 16903 18 september 2023

edgar edward kaijage vs erick edward kaijage 4 others 2023 tzhclandd 16903 18 september 2023

The court held that since the plaintiff was a party to Land Case No. 229 of 2012, which was dismissed and remains unimpeached, he is precluded from instituting a fresh suit on the same subject matter. The court is functus officio and cannot redetermine issues already disposed of, and court records cannot be challenged through a new suit.

Citation
edgar edward kaijage vs erick edward kaijage 4 others 2023 tzhclandd 16903 18 september 2023
Parties
Plaintiff: Edgar Edward Kaijage; 1st Defendant: Erick Edward Kaijage; 2nd Defendant: International Commercial Bank Tanzania Limited; 3rd Defendant: Champion Auction Mart; 4th Defendant: Omary Ally Ubaya; 5th Defendant: Mkongowo Trading Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 September 2023
Procedural Posture
Land Case / Ruling on Propriety of Suit and Jurisdiction
Outcome
Suit dismissed
Legal Topics
Functus Officio, Abuse of Process, Mortgage Fraud, Jurisdiction, Impeachment of Court Records
Source Language
English
Civil Procedure Land Law Functus Officio Abuse of Process Mortgage Fraud Jurisdiction Impeachment of Court Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edgar Edward Kaijage

Plaintiff

Erick Edward Kaijage

1st Defendant

International Commercial Bank Tanzania Limited

2nd Defendant

Champion Auction Mart

3rd Defendant

Omary Ally Ubaya

4th Defendant

Mkongowo Trading Company Limited

5th Defendant

Procedural Posture

Land Case / Ruling on Propriety of Suit and Jurisdiction

Legal Issues

  1. 1 Whether the present suit is proper before the court given prior proceedings in Land Case No. 229 of 2012
  2. 2 Whether the plaintiff can challenge the mortgage and intended sale of the suit property via a fresh suit
  3. 3 Whether the court can declare the plaintiff was not a party to Land Case No. 229 of 2012

Ratio Decidendi

The court held that since the plaintiff was a party to Land Case No. 229 of 2012, which was dismissed and remains unimpeached, he is precluded from instituting a fresh suit on the same subject matter. The court is functus officio and cannot redetermine issues already disposed of, and court records cannot be challenged through a new suit.

Court Disposition

Suit dismissed

Orders

  • Entire suit dismissed
  • Each party to bear its own costs