LAND CASE 33 OF 2023 HASHIMU RUNGWE VS ZUBEDA AHMED LAKHA

LAND CASE 33 OF 2023 HASHIMU RUNGWE VS ZUBEDA AHMED LAKHA

Plaintiff, not being a party to the prior case, is entitled to bring a suit to establish ownership unless precluded by res judicata; the preliminary objection is misconceived and does not dispose of the suit.

Citation
LAND CASE 33 OF 2023 HASHIMU RUNGWE VS ZUBEDA AHMED LAKHA
Parties
Plaintiff: Hashim Rungwe; 1st Defendant: Zubeda Ahmed Lakha; 2nd Defendant: Albert Sitta t/a Memo Auction Mart; 3rd Defendant: Beraka Rumba; 4th Defendant: Commissioner for Land; 5th Defendant: Kigoma Ujiji Municipal Council; 6th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Preliminary Objection, Cause of Action, Ownership of Land, Execution of Decree
Source Language
English
Civil Procedure Land Law Preliminary Objection Cause of Action Ownership of Land Execution of Decree

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 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Hashim Rungwe

Plaintiff

Zubeda Ahmed Lakha

1st Defendant

Albert Sitta t/a Memo Auction Mart

2nd Defendant

Beraka Rumba

3rd Defendant

Commissioner for Land

4th Defendant

Kigoma Ujiji Municipal Council

5th Defendant

The Attorney General

6th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against defendants executing a decree from a prior judgment
  2. 2 Whether the preliminary objection disposes of the suit

Ratio Decidendi

Plaintiff, not being a party to the prior case, is entitled to bring a suit to establish ownership unless precluded by res judicata; the preliminary objection is misconceived and does not dispose of the suit.

Court Disposition

Preliminary objection overruled

Orders

  • Costs to abide by the outcome of Land Case No. 33 of 2023