john robert wasia vs ts magezi sons ltd another 2012 tzhccomd 53 24 april 2012

john robert wasia vs ts magezi sons ltd another 2012 tzhccomd 53 24 april 2012

The present suit is res judicata because the parties and subject matter are the same as in the previous suit, the Plaintiff relinquished all other claims in the memorandum of settlement, and the claim for TZS 2,900,000 was already covered by the previous proceedings and decree.

Citation
john robert wasia vs ts magezi sons ltd another 2012 tzhccomd 53 24 april 2012
Parties
Plaintiff: John Robert Wasia; Defendant: J.S Magezi & Sons Limited; Defendant: Jeremiah Shumbusho Magezi
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 April 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit dismissed with costs for being res judicata.
Legal Topics
Res Judicata, Limitation of Actions, Pleading Requirements
Source Language
English
Civil Procedure Commercial Law Res Judicata Limitation of Actions Pleading Requirements

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Parties

John Robert Wasia

Plaintiff

J.S Magezi & Sons Limited

Defendant

Jeremiah Shumbusho Magezi

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is res judicata under section 9 of the Civil Procedure Code
  2. 2 Whether the suit is time barred
  3. 3 Whether the plaint violates Order VI Rule 3 and Rule 15(2) of the Civil Procedure Code

Ratio Decidendi

The present suit is res judicata because the parties and subject matter are the same as in the previous suit, the Plaintiff relinquished all other claims in the memorandum of settlement, and the claim for TZS 2,900,000 was already covered by the previous proceedings and decree.

Court Disposition

Suit dismissed with costs for being res judicata.

Orders

  • Plaintiff's suit is dismissed with costs.