gaper kasumbi kasubi vs hassan juma matola and others 2021 tzhclandd 700 30 april 2021

gaper kasumbi kasubi vs hassan juma matola and others 2021 tzhclandd 700 30 april 2021

The court held that the previous proceedings involved Grace Komba in her personal capacity and not as a legal representative of the appellant, and there was no proof of joint ownership or authorization. Therefore, the appellant's claim is not barred by res judicata, and the appeal is allowed.

Source-derived case information.

Citation
gaper kasumbi kasubi vs hassan juma matola and others 2021 tzhclandd 700 30 april 2021
Parties
Appellant: Gasper (Kasumbi) Kasubi; 1st Respondent: Hassan Juma Matola; 2nd Respondent: Rukia Abbas Ndule (As administratix of Said Athumani Kiswago); 3rd Respondent: Abdallah Ally; 4th Respondent: Team Otto Nchimbi; 5th Respondent: Gerion Anthony Mwakenja; 6th Respondent: Catherline Maiko (As administratix of the late Silvanus Simbamwene); 7th Respondent: Abdirabi Bakari
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 April 2021
Procedural Posture
Land Appeal / Judgment on Appeal From Tribunal's Striking Out for Res Judicata
Outcome
Appeal allowed
Legal Topics
Res Judicata, Ownership of Land, Representative Capacity, Procedural Fairness
Source Language
english
Land Law Civil Procedure Res Judicata Ownership of Land Representative Capacity Procedural Fairness

Source-derived case record

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Gasper (Kasumbi) Kasubi

Appellant

Hassan Juma Matola

1st Respondent

Rukia Abbas Ndule (As administratix of Said Athumani Kiswago)

2nd Respondent

Abdallah Ally

3rd Respondent

Team Otto Nchimbi

4th Respondent

Gerion Anthony Mwakenja

5th Respondent

Catherline Maiko (As administratix of the late Silvanus Simbamwene)

6th Respondent

Abdirabi Bakari

7th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Tribunal's Striking Out for Res Judicata

Legal Issues

  1. 1 Whether Application No. 342 of 2016 is res judicata to Application No. 299 of 2009 and Misc. Application No. 72 of 2010
  2. 2 Whether parties and cause of action in previous and current suits are substantially the same
  3. 3 Whether Grace Komba had authority to represent the appellant in previous proceedings

Ratio Decidendi

The court held that the previous proceedings involved Grace Komba in her personal capacity and not as a legal representative of the appellant, and there was no proof of joint ownership or authorization. Therefore, the appellant's claim is not barred by res judicata, and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Case file for Application No. 342 of 2016 to be returned to trial tribunal for determination on merits
  • Matter to be handled by a different Chairman