radvan shercali vs lilian joseph ogutu and others 2020 tzhclandd 24 9 march 2020

radvan shercali vs lilian joseph ogutu and others 2020 tzhclandd 24 9 march 2020

The present suit is barred by res judicata as the subject matter and parties are the same as in the prior consent judgment in Matrimonial Cause No. 6 of 2017, which determined ownership of the suit property; the consent judgment and settlement agreement contractually bind the parties to withdraw this suit, ousting the jurisdiction of this court.

Citation
radvan shercali vs lilian joseph ogutu and others 2020 tzhclandd 24 9 march 2020
Parties
Plaintiff: Radvan She Rcali; 1st Defendant: Lilian Joseph Ogutu; 2nd Defendant: CRB Bank PLC; 3rd Defendant: KCB Bank Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 March 2020
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Res Judicata, Consent Judgment, Jurisdiction, Contractual Effect of Settlement, Withdrawal of Suits
Source Language
English
Civil Procedure Land Law Matrimonial Law Res Judicata Consent Judgment Jurisdiction Contractual Effect of Settlement Withdrawal of Suits

Case Brief

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Parties

Radvan She Rcali

Plaintiff

Lilian Joseph Ogutu

1st Defendant

CRB Bank PLC

2nd Defendant

KCB Bank Limited

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the present suit is barred by res judicata due to a prior consent judgment in Matrimonial Cause No. 6 of 2017
  2. 2 Whether the consent judgment and settlement agreement oust the jurisdiction of the High Court in this matter
  3. 3 Whether the parties are bound to withdraw the present suit under the terms of the settlement agreement

Ratio Decidendi

The present suit is barred by res judicata as the subject matter and parties are the same as in the prior consent judgment in Matrimonial Cause No. 6 of 2017, which determined ownership of the suit property; the consent judgment and settlement agreement contractually bind the parties to withdraw this suit, ousting the jurisdiction of this court.

Court Disposition

Suit struck out with costs

Orders

  • The preliminary objections are upheld.
  • The suit is struck out with costs.