elyudi mpagame vs rashid seki and another 2021 tzhclandd 766 4 october 2021

elyudi mpagame vs rashid seki and another 2021 tzhclandd 766 4 october 2021

Res judicata does not apply because the previous appeal was dismissed for being time barred and not heard on merit; the appellant obtained leave to file the present appeal out of time, and the right to appeal subsists.

Citation
elyudi mpagame vs rashid seki and another 2021 tzhclandd 766 4 october 2021
Parties
Appellant: Elyudi Mpagame; 1st Respondent: Rashid Seki; 2nd Respondent: Ami H. Seki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2021
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Res Judicata, Extension of Time, Jurisdiction
Source Language
English
Civil Procedure Land Law Res Judicata Extension of Time Jurisdiction

Case Brief

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Parties

Elyudi Mpagame

Appellant

Rashid Seki

1st Respondent

Ami H. Seki

2nd Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is barred by res judicata due to prior dismissal of Land Appeal No. 14 of 2013 between the same parties and on the same judgment

Ratio Decidendi

Res judicata does not apply because the previous appeal was dismissed for being time barred and not heard on merit; the appellant obtained leave to file the present appeal out of time, and the right to appeal subsists.

Court Disposition

Preliminary objection dismissed

Orders

  • The preliminary objection is dismissed.
  • The appeal shall proceed on merit.