peniel lotta vs gabriel tanaki and 2 others 2001 tzca 16 14 september 2001

peniel lotta vs gabriel tanaki and 2 others 2001 tzca 16 14 september 2001

The appellant, though not a party to the earlier suit, is deemed to claim under his mother due to a common interest in the land, and was aware of and present during the previous litigation. The requirements of section 9 of the Civil Procedure Code, 1966 are satisfied, making the suit res judicata. The appellant's conduct amounts to abuse of process.

Citation
peniel lotta vs gabriel tanaki and 2 others 2001 tzca 16 14 september 2001
Parties
Appellant: Peniel Lotta; Respondent: Gabriel Tanaki; Respondent: Samwel Tanaki; Respondent: Elias Abraham
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 September 2001
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Res Judicata, Land Ownership, Abuse of Process
Source Language
English
Civil Procedure Property Law Res Judicata Land Ownership Abuse of Process

Case Brief

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Parties

Peniel Lotta

Appellant

Gabriel Tanaki

Respondent

Samwel Tanaki

Respondent

Elias Abraham

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the suit in Civil Case No. 9 of 1995 is barred by res judicata
  2. 2 Whether the appellant is claiming under his mother for the purposes of section 9 of the Civil Procedure Code, 1966
  3. 3 Whether the issue of compensation could be remitted for trial

Ratio Decidendi

The appellant, though not a party to the earlier suit, is deemed to claim under his mother due to a common interest in the land, and was aware of and present during the previous litigation. The requirements of section 9 of the Civil Procedure Code, 1966 are satisfied, making the suit res judicata. The appellant's conduct amounts to abuse of process.

Court Disposition

appeal dismissed

Orders

  • The decision of the High Court is upheld.
  • The appeal is dismissed with costs.