eustace matilya vs robert zangi masungwa another 2018 tzhclandd 405 13 july 2018

eustace matilya vs robert zangi masungwa another 2018 tzhclandd 405 13 july 2018

The application is res judicata as the issue of extension of time has already been determined by a competent court and an appeal is pending; entertaining this application would lead to conflicting decisions and is an abuse of court process. The court lacks jurisdiction to entertain the matter.

Citation
eustace matilya vs robert zangi masungwa another 2018 tzhclandd 405 13 july 2018
Parties
Applicant: Eustace Matilya; 1st Respondent: Robert Zangi Masungwa; 2nd Respondent: Luigiana Nicephory Sandu (as Legal Personal Representative of the Late Nicephory Sandu)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Res Judicata, Extension of Time, Abuse of Court Process, Jurisdiction
Source Language
English
Civil Procedure Land Law Res Judicata Extension of Time Abuse of Court Process Jurisdiction

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Parties

Eustace Matilya

Applicant

Robert Zangi Masungwa

1st Respondent

Luigiana Nicephory Sandu (as Legal Personal Representative of the Late Nicephory Sandu)

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is barred by res judicata
  2. 2 Whether the application is an abuse of court process
  3. 3 Whether the court has jurisdiction to entertain the application

Ratio Decidendi

The application is res judicata as the issue of extension of time has already been determined by a competent court and an appeal is pending; entertaining this application would lead to conflicting decisions and is an abuse of court process. The court lacks jurisdiction to entertain the matter.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out
  • Applicant to pay costs