19991118 TZHC Dar es Salaam2

19991118 TZHC Dar es Salaam2

The application is dismissed as the matter is res judicata, having been finally determined by consent settlement and execution; the application constitutes abuse of court process.

Citation
19991118 TZHC Dar es Salaam2
Parties
Plaintiff: JNCAR TANZANIA LTD.; Applicant/judgment Debtor: RODERICK MKOLI MAHENGE; Respondent's Advocate: Genevieve Kato
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 1999
Procedural Posture
Civil / Application for Stay of Execution and Setting Aside Consent Order
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Setting Aside Consent Order, Res Judicata, Abuse of Court Process
Source Language
English
Civil Procedure Stay of Execution Setting Aside Consent Order Res Judicata Abuse of Court Process

Case Brief

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Parties

JNCAR TANZANIA LTD.

Plaintiff

RODERICK MKOLI MAHENGE

Applicant/judgment Debtor

Genevieve Kato

Respondent's Advocate

Procedural Posture

Civil / Application for Stay of Execution and Setting Aside Consent Order

Legal Issues

  1. 1 Whether the application for stay of execution and setting aside consent order can be entertained after consent settlement and execution
  2. 2 Whether defects in the counter affidavit render the application unchallenged

Ratio Decidendi

The application is dismissed as the matter is res judicata, having been finally determined by consent settlement and execution; the application constitutes abuse of court process.

Court Disposition

application dismissed with costs

Orders

  • Let execution proceed as ordered for final disposal of the suit.