emmanuel jonathan maganga vs michael msome others 2019 tzhclandd 28 23 september 2019

emmanuel jonathan maganga vs michael msome others 2019 tzhclandd 28 23 september 2019

The principle of res judicata did not apply because the parties in the two cases were not litigating under the same title; the appellant was suing as administrator of his father's estate, while the previous case was between his mother in her personal capacity and the respondent. The tribunal misdirected itself in sustaining the preliminary objection on res judicata. The existence of the Ward Tribunal's decision did not bar the appellant from instituting a fresh suit, and objection proceedings were not a prerequisite.

Citation
emmanuel jonathan maganga vs michael msome others 2019 tzhclandd 28 23 september 2019
Parties
Appellant: Emanuel Jonathan Maganga; 1st Respondent: Michael Msome; 2nd Respondent: Pazi Hamis Mwinyimkuu; 3rd Respondent: Hassan Mbwana Chubwi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2019
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Res Judicata, Preliminary Objection, Estate Administration
Source Language
English
Land Law Civil Procedure Res Judicata Preliminary Objection Estate Administration

Case Brief

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Parties

Emanuel Jonathan Maganga

Appellant

Michael Msome

1st Respondent

Pazi Hamis Mwinyimkuu

2nd Respondent

Hassan Mbwana Chubwi

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the principle of res judicata applied to bar the appellant's suit
  2. 2 Whether the preliminary objection was properly sustained by the tribunal

Ratio Decidendi

The principle of res judicata did not apply because the parties in the two cases were not litigating under the same title; the appellant was suing as administrator of his father's estate, while the previous case was between his mother in her personal capacity and the respondent. The tribunal misdirected itself in sustaining the preliminary objection on res judicata. The existence of the Ward Tribunal's decision did not bar the appellant from instituting a fresh suit, and objection proceedings were not a prerequisite.

Court Disposition

Appeal allowed

Orders

  • Ruling and order of the tribunal quashed and set aside
  • Matter remitted to the trial tribunal for hearing on merits before another Chairman and assessors