20150609 TZHC Dar es Salaam

20150609 TZHC Dar es Salaam

The parties in the present suit and the previous suit are not the same and were not litigating under the same title; therefore, the doctrine of res judicata does not apply and the preliminary objection fails.

Citation
20150609 TZHC Dar es Salaam
Parties
Plaintiff: National Bank of Commerce Limited; Defendant: Basic Element Limited; Defendant: Robert Simon Kisena; Defendant: Florenciana Robert Mashauri; Defendant: Robesika Agro-Products Ltd; Defendant: Simon Group Limited; Defendant: Leonard Dominic Rubuye
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 June 2015
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs to the plaintiff.
Legal Topics
Res Judicata, Preliminary Objection
Source Language
English
Civil Procedure Res Judicata Preliminary Objection

Case Brief

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Parties

National Bank of Commerce Limited

Plaintiff

Basic Element Limited

Defendant

Robert Simon Kisena

Defendant

Florenciana Robert Mashauri

Defendant

Robesika Agro-Products Ltd

Defendant

Simon Group Limited

Defendant

Leonard Dominic Rubuye

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the present suit is barred by res judicata under section 9 of the Civil Procedure Code

Ratio Decidendi

The parties in the present suit and the previous suit are not the same and were not litigating under the same title; therefore, the doctrine of res judicata does not apply and the preliminary objection fails.

Court Disposition

Preliminary objection overruled with costs to the plaintiff.

Orders

  • Preliminary objection overruled
  • Costs awarded to the plaintiff