gurmit singh bachu vs meet singh bachu another 2018 tzhc 2452 12 november 2018

gurmit singh bachu vs meet singh bachu another 2018 tzhc 2452 12 november 2018

The applicant lacks locus standi to be joined as a party because any claim to the property must be made by Arjan Construction Limited itself, not by an individual shareholder. The doctrine of res judicata does not apply as the parties and issues are not identical to those in previous proceedings. Joining the applicant would alter the nature of the pending suit.

Citation
gurmit singh bachu vs meet singh bachu another 2018 tzhc 2452 12 november 2018
Parties
Applicant: Gurmit Singh Bachu; 1st Respondent: Meet Singh Bachu; 2nd Respondent: Reli Assets Holding Company
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 November 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Joinder and Locus Standi
Outcome
Application dismissed with costs
Legal Topics
Joinder of Parties, Locus Standi, Res Judicata
Source Language
English
Civil Procedure Land Law Joinder of Parties Locus Standi Res Judicata

Case Brief

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Parties

Gurmit Singh Bachu

Applicant

Meet Singh Bachu

1st Respondent

Reli Assets Holding Company

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Joinder and Locus Standi

Legal Issues

  1. 1 Whether the applicant has locus standi to be joined as a party in Land Case No. 68 of 2017
  2. 2 Whether the application is res judicata
  3. 3 Whether the applicant is a necessary and proper party to the main suit

Ratio Decidendi

The applicant lacks locus standi to be joined as a party because any claim to the property must be made by Arjan Construction Limited itself, not by an individual shareholder. The doctrine of res judicata does not apply as the parties and issues are not identical to those in previous proceedings. Joining the applicant would alter the nature of the pending suit.

Court Disposition

Application dismissed with costs

Orders

  • The application to join the applicant as a party is dismissed.
  • Costs awarded to the respondents.