20170321 TZHC Dar es Salaam

20170321 TZHC Dar es Salaam

The preliminary objection does not raise a pure point of law as it requires ascertainment of facts through evidence; therefore, it cannot be disposed of at the preliminary stage.

Citation
20170321 TZHC Dar es Salaam
Parties
Plaintiff: Mathew P. Chawanga; Plaintiff: Juma Kwangaya; Defendant: Major Timoth Magege; Defendant: Fast Logistics; Defendant: KCB Tanzania Limited; Defendant: Abel Kisuv Sanga t/a Unyagala Auction Mart & Brokers; Defendant: Crispin Prospers Mwombeki; Defendant: Mbasi Trading Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 March 2017
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs to the 3rd defendant.
Legal Topics
Preliminary Objection, Functus Officio, Res Judicata, Consent Judgment, Auction Sale, Fraud
Source Language
English
Civil Procedure Land Law Preliminary Objection Functus Officio Res Judicata Consent Judgment Auction Sale Fraud

Case Brief

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Parties

Mathew P. Chawanga

Plaintiff

Juma Kwangaya

Plaintiff

Major Timoth Magege

Defendant

Fast Logistics

Defendant

KCB Tanzania Limited

Defendant

Abel Kisuv Sanga t/a Unyagala Auction Mart & Brokers

Defendant

Crispin Prospers Mwombeki

Defendant

Mbasi Trading Company Limited

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court is functus officio and lacks jurisdiction due to prior consent judgment
  2. 2 Whether the matter is res judicata and can be raised as a preliminary objection

Ratio Decidendi

The preliminary objection does not raise a pure point of law as it requires ascertainment of facts through evidence; therefore, it cannot be disposed of at the preliminary stage.

Court Disposition

Preliminary objection overruled with costs to the 3rd defendant.

Orders

  • Matter to proceed on merits with evidence to be tendered as prescribed by law.