felician muhere vs david mlay 2020 tzhc 2451 26 june 2020
The appeal is dismissed because the subject matter and issue of ownership were already determined in previous proceedings; entertaining the application would amount to abuse of court process, even though res judicata was not strictly applicable due to omission of a party.
- Citation
- felician muhere vs david mlay 2020 tzhc 2451 26 june 2020
- Parties
- Appellant: FELICIAN MUHERE; Respondent: DAVID MLAY
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 June 2020
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Res Judicata, Abuse of Process, Ownership of Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
FELICIAN MUHERE
Appellant
DAVID MLAY
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the dismissal of land application no 275 of 2016 based on the principle of res judicata was lawful
Ratio Decidendi
The appeal is dismissed because the subject matter and issue of ownership were already determined in previous proceedings; entertaining the application would amount to abuse of court process, even though res judicata was not strictly applicable due to omission of a party.
Court Disposition
Appeal dismissed with costs
Orders
- Sufficient copies of the judgment to be deposited at the Judgment Collection Desk for parties to collect free of charge
Full Case Text
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