20120622 TZHC Moshi

20120622 TZHC Moshi

The application is dismissed as it is based on the same subject matter previously adjudicated, is barred by the doctrine of res judicata and estoppel per rem judicatum, and the court lacks jurisdiction to entertain further proceedings after closure of the main suit for failure to pay security for costs within the statutory period.

Citation
20120622 TZHC Moshi
Parties
Applicant: Faustin Sungura; 1st Respondent: Attorney General; 2nd Respondent: Ndesamburo Philemon
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 June 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Res Judicata, Jurisdiction, Review of Court Orders, Security for Costs, Limitation of Actions
Source Language
English
Civil Procedure Election Law Res Judicata Jurisdiction Review of Court Orders Security for Costs Limitation of Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Faustin Sungura

Applicant

Attorney General

1st Respondent

Ndesamburo Philemon

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is res judicata
  2. 2 Whether the court has jurisdiction to entertain the application for review after closure of the main suit
  3. 3 Whether the application is misconceived due to stay of suit

Ratio Decidendi

The application is dismissed as it is based on the same subject matter previously adjudicated, is barred by the doctrine of res judicata and estoppel per rem judicatum, and the court lacks jurisdiction to entertain further proceedings after closure of the main suit for failure to pay security for costs within the statutory period.

Court Disposition

Application dismissed with costs

Orders

  • Respondents' preliminary objection allowed
  • Applicant's counter preliminary objection dismissed with costs