20130404 TZHC Dar es Salaam

20130404 TZHC Dar es Salaam

The subject matter in the two suits is not directly and substantially the same; the RM Civil Case No. 4 of 2003 concerns mortgage issues, while the present suit concerns ownership of land. Therefore, the doctrine of res sub judice does not apply.

Citation
20130404 TZHC Dar es Salaam
Parties
Plaintiff: John Festo Makune; 1st Defendant: Tanzania Investment Bank; 2nd Defendant: Frank I.K. Mushendwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 April 2013
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary Objection overruled
Legal Topics
Res Sub Judice, Ownership of Land, Jurisdiction
Source Language
English
Civil Procedure Land Law Res Sub Judice Ownership of Land Jurisdiction

Case Brief

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Parties

John Festo Makune

Plaintiff

Tanzania Investment Bank

1st Defendant

Frank I.K. Mushendwa

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by the doctrine of res sub judice due to a pending case in Morogoro RM's Court
  2. 2 Whether the subject matter and parties in both suits are directly and substantially the same

Ratio Decidendi

The subject matter in the two suits is not directly and substantially the same; the RM Civil Case No. 4 of 2003 concerns mortgage issues, while the present suit concerns ownership of land. Therefore, the doctrine of res sub judice does not apply.

Court Disposition

Preliminary Objection overruled

Orders

  • Costs to follow events
  • Mention on 27 May 2013