19981201 TZHC Dar es Salaam

19981201 TZHC Dar es Salaam

The suit is barred by res subjudice as the same subject matter is pending before a competent court (Kisutu RM's Court), and the High Court cannot entertain parallel proceedings.

Citation
19981201 TZHC Dar es Salaam
Parties
Plaintiff: Fareselisa Maro; 1st Defendant: The General Manager, CRDB (1996) Ltd; 2nd Defendant: Said Amin Bakhressa; 3rd Defendant: Goliondoi Auction Mart and Court Brokers
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1998
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit struck out with costs
Legal Topics
Res Subjudice, Joinder of Parties, Mortgage Foreclosure, Injunctions
Source Language
English
Civil Procedure Property Law Res Subjudice Joinder of Parties Mortgage Foreclosure Injunctions

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Parties

Fareselisa Maro

Plaintiff

The General Manager, CRDB (1996) Ltd

1st Defendant

Said Amin Bakhressa

2nd Defendant

Goliondoi Auction Mart and Court Brokers

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is barred by res subjudice due to pending proceedings in Kisutu RM's Court
  2. 2 Whether the 2nd Defendant is a necessary party to the suit

Ratio Decidendi

The suit is barred by res subjudice as the same subject matter is pending before a competent court (Kisutu RM's Court), and the High Court cannot entertain parallel proceedings.

Court Disposition

Suit struck out with costs

Orders

  • The present case is struck out with costs