petrolux service stations limited vs nmb bank limited and adili auction mart limited 2020 tzhc 4430 10 december 2020

petrolux service stations limited vs nmb bank limited and adili auction mart limited 2020 tzhc 4430 10 december 2020

The application is barred by res judicata as the issue of temporary injunction was finally determined in Misc. Land Application No. 59 of 2020 on the same facts and between the same parties; no new facts or circumstances were pleaded to justify a fresh application. The court is functus officio and lacks jurisdiction to entertain the matter.

Citation
petrolux service stations limited vs nmb bank limited and adili auction mart limited 2020 tzhc 4430 10 december 2020
Parties
Applicant: Petrolux Service Stations Limited; 1st Respondent: NMB Bank PLC; 2nd Respondent: Adili Auction Mart Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection and Application
Outcome
Application struck out with costs
Legal Topics
Res Judicata, Functus Officio, Temporary Injunction, Abuse of Court Process
Source Language
English
Civil Procedure Land Law Res Judicata Functus Officio Temporary Injunction Abuse of Court Process

Case Brief

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Parties

Petrolux Service Stations Limited

Applicant

NMB Bank PLC

1st Respondent

Adili Auction Mart Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection and Application

Legal Issues

  1. 1 Whether the application is barred by res judicata
  2. 2 Whether the court is functus officio and lacks jurisdiction to entertain the application

Ratio Decidendi

The application is barred by res judicata as the issue of temporary injunction was finally determined in Misc. Land Application No. 59 of 2020 on the same facts and between the same parties; no new facts or circumstances were pleaded to justify a fresh application. The court is functus officio and lacks jurisdiction to entertain the matter.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out with costs.
  • Parties to be notified to collect original copy of ruling.