LAND APPEAL 13624 2024

LAND APPEAL 13624 2024

The cause of action for objection proceedings arises only after an attachment order is made; since Misc. Application No. 328 of 2021 was withdrawn before any attachment order, there was no cause of action at that time. Therefore, Misc. Application No. 893 of 2021 is not barred by res judicata, and the Tribunal's decision to the contrary is quashed.

Citation
LAND APPEAL 13624 2024
Parties
Appellant: Hedwiga Herman Lorry; 1st Respondent: Al Sahi Investment Limited; 2nd Respondent: Abduel Gilead Kitururu t/a Amicus Attorneys; 3rd Respondent: Mak Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Appeal / Judgment on Appeal From Preliminary Objection Decision
Outcome
Appeal allowed
Legal Topics
Res Judicata, Objection Proceedings, Execution of Decrees, Withdrawal of Application
Source Language
English
Civil Procedure Land Law Res Judicata Objection Proceedings Execution of Decrees Withdrawal of Application

Case Brief

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Parties

Hedwiga Herman Lorry

Appellant

Al Sahi Investment Limited

1st Respondent

Abduel Gilead Kitururu t/a Amicus Attorneys

2nd Respondent

Mak Auction Mart

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Preliminary Objection Decision

Legal Issues

  1. 1 Whether Misc. Application No. 893 of 2021 was barred by res judicata due to withdrawal of Misc. Application No. 328 of 2021 without leave to refile
  2. 2 Whether the cause of action for objection proceedings arises only after an attachment order is made

Ratio Decidendi

The cause of action for objection proceedings arises only after an attachment order is made; since Misc. Application No. 328 of 2021 was withdrawn before any attachment order, there was no cause of action at that time. Therefore, Misc. Application No. 893 of 2021 is not barred by res judicata, and the Tribunal's decision to the contrary is quashed.

Court Disposition

Appeal allowed

Orders

  • Ruling of the Tribunal sustaining the preliminary objection is quashed and set aside.
  • Tribunal directed to hear the merits of the objection proceedings.