hamis mohamed zowange vs bank of africa tanzania limited and another 2020 tzhclandd 2297 14 september 2020

hamis mohamed zowange vs bank of africa tanzania limited and another 2020 tzhclandd 2297 14 september 2020

The application is dismissed as the court lacks jurisdiction to entertain it, having already determined the same or substantially similar issues in Application No. 108/2020. Entertaining the present application would amount to reversing a previous decision and constitute an abuse of court process.

Citation
hamis mohamed zowange vs bank of africa tanzania limited and another 2020 tzhclandd 2297 14 september 2020
Parties
Applicant: Hamisi Mohamed Zowange; 1st Respondent/decree Holder: Bank of Africa (TZ) Limited; 2nd Respondent/decree Holder: Joshua E. Mwaituka t/a Fosters Auctioneers and General Traders Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 September 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Jurisdiction
Outcome
Application dismissed with costs
Legal Topics
Execution of Decree, Jurisdiction, Abuse of Court Process, Attachment and Sale of Property
Source Language
English
Civil Procedure Land Law Execution of Decree Jurisdiction Abuse of Court Process Attachment and Sale of Property

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Parties

Hamisi Mohamed Zowange

Applicant

Bank of Africa (TZ) Limited

1st Respondent/decree Holder

Joshua E. Mwaituka t/a Fosters Auctioneers and General Traders Limited

2nd Respondent/decree Holder

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the application for temporary lifting of attachment order after determination of a previous application on similar facts
  2. 2 Whether the application constitutes an abuse of court process

Ratio Decidendi

The application is dismissed as the court lacks jurisdiction to entertain it, having already determined the same or substantially similar issues in Application No. 108/2020. Entertaining the present application would amount to reversing a previous decision and constitute an abuse of court process.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.