kastan mining plc vs tanzania mortgage co ltd ta t mortgage another 2019 tzhc 218 23 december 2019

The suit is not barred by res judicata as the causes of action and claims differ, but procedural defects including expired speed truck and uncertainty regarding the relief sought render the suit improperly framed and impossible to execute; therefore, the suit must be struck out.

Citation: kastan mining plc vs tanzania mortgage co ltd ta t mortgage another 2019 tzhc 218 23 december 2019
Parties: Plaintiff: Kastan Mining PLC; 1st Defendant: Tanzania Mortgage Company Ltd t/a T-Mortgage; 2nd Defendant: Kaisi Kalambo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 December 2019
Procedural Posture: Civil / Ruling on Preliminary Objection and Procedural Defects
Outcome: suit struck out
Legal Topics: Res Judicata, Jurisdiction, Specific Performance, Procedural Compliance
Source Language: English

Civil Procedure Property Law Res Judicata Jurisdiction Specific Performance Procedural Compliance

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Parties

Kastan Mining PLC

Plaintiff

Tanzania Mortgage Company Ltd t/a T-Mortgage

1st Defendant

Kaisi Kalambo

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection and Procedural Defects

Legal Issues

1 Whether the suit is barred by res judicata
2 Whether the court has jurisdiction given prior decisions
3 Whether the relief sought is possible given the status of the title deed

Ratio Decidendi

Court Disposition

suit struck out

Orders

Suit struck out with no order as to costs.
Plaintiff at liberty to re-file the suit after addressing procedural and substantive defects.