industrial project and technical services limited vs barrel petrol energy co ltd 2 others 2023 tzhclandd 17008 5 october 2023

industrial project and technical services limited vs barrel petrol energy co ltd 2 others 2023 tzhclandd 17008 5 october 2023

The suit is res sub judice as there is a pending application for revision before the Court of Appeal concerning the same subject matter, and decisions from both courts may conflict. Section 8 of the Civil Procedure Code prohibits proceeding with the trial under these circumstances.

Citation
industrial project and technical services limited vs barrel petrol energy co ltd 2 others 2023 tzhclandd 17008 5 october 2023
Parties
Plaintiff: Industrial Project and Technical Services Limited; 1st Defendant: Barrel Petrol Energy Co. Ltd; 2nd Defendant: The Commissioner for Lands; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 October 2023
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for being res sub judice; costs to follow the event.
Legal Topics
Res Judicata, Res Sub Judice, Jurisdiction, Preliminary Objections
Source Language
English
Civil Procedure Land Law Res Judicata Res Sub Judice Jurisdiction Preliminary Objections

Case Brief

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Parties

Industrial Project and Technical Services Limited

Plaintiff

Barrel Petrol Energy Co. Ltd

1st Defendant

The Commissioner for Lands

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is barred by res judicata
  2. 2 Whether the suit is barred by res sub judice

Ratio Decidendi

The suit is res sub judice as there is a pending application for revision before the Court of Appeal concerning the same subject matter, and decisions from both courts may conflict. Section 8 of the Civil Procedure Code prohibits proceeding with the trial under these circumstances.

Court Disposition

Suit struck out for being res sub judice; costs to follow the event.

Orders

  • Plaintiff's suit struck out for being res sub judice.
  • Costs awarded as per event.