MARCO KAGHEMBE SCANNED

MARCO KAGHEMBE SCANNED

The counter claim is barred by res judicata because the Plaintiff previously obtained judgment over the same land in Civil Case No. 72 of 1994, involving the same parties or their successors, and the reliefs sought are substantially the same. The Plaintiff is precluded from seeking a second judgment on the same cause of action.

Citation
MARCO KAGHEMBE SCANNED
Parties
Plaintiff: Marko Kaghembe; 1st Defendant: Ahmad Mohamed Mtundu (Legal Personal Representative of the Late Mohamed Mtundu); 2nd Defendant: Kigamboni Municipal Council; 3rd Defendant: The Registrar of Titles; 4th Defendant: The Commissioner for Lands; 5th Defendant: The Honorable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 December 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Counter claim struck out as res judicata against Second, Third, Fourth, Fifth Defendant. No order for costs.
Legal Topics
Res Judicata, Counter Claim, Declaratory Relief, Compensation, Land Ownership
Source Language
English
Civil Procedure Land Law Res Judicata Counter Claim Declaratory Relief Compensation Land Ownership

Case Brief

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Parties

Marko Kaghembe

Plaintiff

Ahmad Mohamed Mtundu (Legal Personal Representative of the Late Mohamed Mtundu)

1st Defendant

Kigamboni Municipal Council

2nd Defendant

The Registrar of Titles

3rd Defendant

The Commissioner for Lands

4th Defendant

The Honorable Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter claim is barred by res judicata due to prior adjudication in Civil Case No. 72/1994
  2. 2 Whether the cause of action in the current suit is distinct from the previous suit

Ratio Decidendi

The counter claim is barred by res judicata because the Plaintiff previously obtained judgment over the same land in Civil Case No. 72 of 1994, involving the same parties or their successors, and the reliefs sought are substantially the same. The Plaintiff is precluded from seeking a second judgment on the same cause of action.

Court Disposition

Counter claim struck out as res judicata against Second, Third, Fourth, Fifth Defendant. No order for costs.

Orders

  • Counter claim struck out against Second, Third, Fourth, Fifth Defendant
  • No order for costs