20120308 TZHC Dar es Salaam

20120308 TZHC Dar es Salaam

The suit is neither res judicata nor time barred, but has been overtaken by events as the property was already sold by public auction and the sale declared absolute; thus, the suit and application are struck out as vexatious and an attempt to defeat justice.

Citation
20120308 TZHC Dar es Salaam
Parties
Plaintiff: Joanitha Aristides Ishebabi; Defendant: Hassan Issa Likwendembe; Defendant: Said Mohamed Mbaruku; Defendant: Hassan Mohamed Mbaruku; Defendant: Aristides Pius Ishebabi; Defendant: Unyangala Auction Mart & Court Brokers; Defendant: Gemaco Auction Mart; Defendant: Saul Henry Amon
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 March 2012
Procedural Posture
Civil / Ruling on Preliminary Objection and Application for Stay
Outcome
suit and application struck out
Legal Topics
Injunction, Stay of Execution, Matrimonial Property, Auction Sale, Res Judicata, Limitation of Actions
Source Language
English
Civil Procedure Property Law Injunction Stay of Execution Matrimonial Property Auction Sale Res Judicata Limitation of Actions

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Parties

Joanitha Aristides Ishebabi

Plaintiff

Hassan Issa Likwendembe

Defendant

Said Mohamed Mbaruku

Defendant

Hassan Mohamed Mbaruku

Defendant

Aristides Pius Ishebabi

Defendant

Unyangala Auction Mart & Court Brokers

Defendant

Gemaco Auction Mart

Defendant

Saul Henry Amon

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection and Application for Stay

Legal Issues

  1. 1 Whether the matter is res judicata
  2. 2 Whether the suit is time barred
  3. 3 Whether the suit has been overtaken by events

Ratio Decidendi

The suit is neither res judicata nor time barred, but has been overtaken by events as the property was already sold by public auction and the sale declared absolute; thus, the suit and application are struck out as vexatious and an attempt to defeat justice.

Court Disposition

suit and application struck out

Orders

  • Suit struck out as overtaken by events
  • Application for stay of eviction struck out