praxeda rutahangwa vs richard malipula another 2022 tzhclandd 12486 26 october 2022
The present suit is not barred by res judicata as the subject matter, reliefs, and parties are not identical to the previous suits, and the claim arose after the prior proceedings. The court is not functus officio as the matter in issue has not been previously determined.
- Citation
- praxeda rutahangwa vs richard malipula another 2022 tzhclandd 12486 26 october 2022
- Parties
- Plaintiff: Praxeda Rutahangwa; First Defendant: Richard Malipula; Second Defendant: Kabango Investment
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 October 2022
- Procedural Posture
- Land Case / Ruling on Preliminary Objections
- Outcome
- Preliminary objections overruled
- Legal Topics
- Res Judicata, Functus Officio, Trespass, Execution of Decree
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Praxeda Rutahangwa
Plaintiff
Richard Malipula
First Defendant
Kabango Investment
Second Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the suit is barred by res judicata
- 2 Whether the court is functus officio to determine the suit
Ratio Decidendi
The present suit is not barred by res judicata as the subject matter, reliefs, and parties are not identical to the previous suits, and the claim arose after the prior proceedings. The court is not functus officio as the matter in issue has not been previously determined.
Court Disposition
Preliminary objections overruled
Orders
- Both points of preliminary objection are overruled in their entirety
- Costs to be within the suit
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment