19860227 TZCA Dar es Salaam

19860227 TZCA Dar es Salaam

The court held that Civil Case No. 231 of 1983 was barred by res judicata, as the issue had already been decided between the same parties in Miscellaneous Civil Cause No. 51 of 1982, regardless of the nature of evidence admitted in the prior proceeding.

Citation
19860227 TZCA Dar es Salaam
Parties
Appellant: Kamyn Industries Ltd.; Respondent: E. Mkoba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 1986
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Res Judicata, Enforcement of Labor Orders, Mandamus, Certiorari
Source Language
English
Civil Procedure Res Judicata Enforcement of Labor Orders Mandamus Certiorari

Case Brief

Summary, issues, holding and outcome

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Parties

Kamyn Industries Ltd.

Appellant

E. Mkoba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Civil Case No. 231 of 1983 was barred by res judicata due to Miscellaneous Civil Cause No. 51 of 1982
  2. 2 Whether the prior ruling by Mapigano, J. constituted a final determination of the issues

Ratio Decidendi

The court held that Civil Case No. 231 of 1983 was barred by res judicata, as the issue had already been decided between the same parties in Miscellaneous Civil Cause No. 51 of 1982, regardless of the nature of evidence admitted in the prior proceeding.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs