NA TZHC Arusha 3

The matters directly and substantially in issue in the present suit were not the same as those in the counter-claim previously decided; therefore, the suit is not barred by res judicata.

Citation: NA TZHC Arusha 3
Parties: Plaintiff: Fatehali Dhala Ltd.; 1st Defendant: Narendra Khodabhai Patel; 2nd Defendant: Vipinchandra Khodabhai Patel
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 May 1997
Procedural Posture: Civil Suit / Ruling on Preliminary Objection
Outcome: Preliminary objection overruled; suit not barred by res judicata.
Legal Topics: Res Judicata, Default Judgment, Counter Claim, Preliminary Objection
Source Language: English

Civil Procedure Res Judicata Default Judgment Counter Claim Preliminary Objection

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Parties

Fatehali Dhala Ltd.

Plaintiff

Narendra Khodabhai Patel

1st Defendant

Vipinchandra Khodabhai Patel

2nd Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objection

Legal Issues

1 Whether the present suit is barred by res judicata due to a prior judgment on the counter-claim entered by default under Order VIII Rule 14(1) of the Civil Procedure Code, 1966.

Ratio Decidendi

The matters directly and substantially in issue in the present suit were not the same as those in the counter-claim previously decided; therefore, the suit is not barred by res judicata.

Court Disposition

Preliminary objection overruled; suit not barred by res judicata.

Orders

Plaintiff awarded costs for the preliminary objection proceedings.