20130208 TZHC Dar es Salaam

20130208 TZHC Dar es Salaam

The application is res judicata because the Court of Appeal, a superior court, dismissed the same application for failure to file written submissions as required by the rules. The High Court cannot entertain the same matter.

Citation
20130208 TZHC Dar es Salaam
Parties
Applicant: Masunga Mbegete; Applicant: Haizer M.A. Laizer; Applicant: Ruth Matemba; 1st Respondent: Attorney General; 2nd Respondent: Board of Trustees of the Parastatal Pension Fund
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Representative Suits, Res Judicata, Sub Judice, Pension Rights, Jurisdiction
Source Language
English
Civil Procedure Constitutional Law Pensions Law Representative Suits Res Judicata Sub Judice Pension Rights Jurisdiction

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Parties

Masunga Mbegete

Applicant

Haizer M.A. Laizer

Applicant

Ruth Matemba

Applicant

Attorney General

1st Respondent

Board of Trustees of the Parastatal Pension Fund

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave to conduct proceedings as representatives is sub judice or res judicata
  2. 2 Whether the High Court can entertain the application after dismissal by the Court of Appeal

Ratio Decidendi

The application is res judicata because the Court of Appeal, a superior court, dismissed the same application for failure to file written submissions as required by the rules. The High Court cannot entertain the same matter.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs
  • Applicants may pursue their application for review in the Court of Appeal in their individual capacity