mackriman trust fund ltd vs keneth hermani woiso another 2023 tzhclandd 16973 29 september 2023

The suit is barred by the doctrine of res sub judice as the issues and parties substantially overlap with a pending appeal in the Court of Appeal, and proceeding risks conflicting decisions. Filing the present suit constitutes abuse of court process.

Citation: mackriman trust fund ltd vs keneth hermani woiso another 2023 tzhclandd 16973 29 september 2023
Parties: Plaintiff: Mackriman Trust Fund Ltd; 1st Defendant: Keneth Hermani Woiso; 2nd Defendant: National Bank of Commerce Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 September 2023
Procedural Posture: Land Case / Ruling on Preliminary Objection Regarding Res Sub Judice
Outcome: Suit struck out for contravening the principle of res sub judice and abuse of court process
Legal Topics: Res Sub Judice, Abuse of Court Process, Mortgage Sale, Jurisdiction
Source Language: English

Civil Procedure Land Law Res Sub Judice Abuse of Court Process Mortgage Sale Jurisdiction

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Parties

Mackriman Trust Fund Ltd

Plaintiff

Keneth Hermani Woiso

1st Defendant

National Bank of Commerce Ltd

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection Regarding Res Sub Judice

Legal Issues

1 Whether the suit is barred by the doctrine of res sub judice due to a pending appeal on the same subject matter
2 Whether the present suit constitutes abuse of court process

Ratio Decidendi

Court Disposition

Suit struck out for contravening the principle of res sub judice and abuse of court process

Orders

Plaintiff's suit struck out
Costs to follow the event