20191230 TZHC Dar es Salaam 1

20191230 TZHC Dar es Salaam 1

The preliminary objection was already determined by the court and is barred by res judicata. The amendment of the Bill of costs was properly authorised. The court is functus officio and cannot re-determine the same objection.

Source-derived case information.

Citation
20191230 TZHC Dar es Salaam 1
Parties
Applicant: Juma M. Nkondo; 1st Respondent: TOL Gases Limited; 2nd Respondent: Abdeallahman Mohamed Khatibu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 December 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Amended Bill of Costs
Outcome
Preliminary objection dismissed for being res judicata.
Legal Topics
Taxation of Costs, Amendment of Pleadings, Res Judicata, Preliminary Objections
Source Language
english
Civil Procedure Taxation of Costs Amendment of Pleadings Res Judicata Preliminary Objections

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Summary, issues, holding and outcome

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Parties

Juma M. Nkondo

Applicant

TOL Gases Limited

1st Respondent

Abdeallahman Mohamed Khatibu

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Amended Bill of Costs

Legal Issues

  1. 1 Whether the preliminary objection on the amended Bill of costs is valid
  2. 2 Whether the court can re-determine a preliminary objection already decided
  3. 3 Whether the amendment of the Bill of costs was properly authorised

Ratio Decidendi

The preliminary objection was already determined by the court and is barred by res judicata. The amendment of the Bill of costs was properly authorised. The court is functus officio and cannot re-determine the same objection.

Court Disposition

Preliminary objection dismissed for being res judicata.

Orders

  • Matter to proceed to taxation on merits as previously ordered.