20170503 TZHC Dar es Salaam 1
The suit before the lower court was not properly instituted because the previous finding of lack of jurisdiction remained intact and was not vacated by review, revision, or appeal; thus, the proceedings were a nullity.
- Citation
- 20170503 TZHC Dar es Salaam 1
- Parties
- Appellant: Ramadhani Idd; Respondent: Dar es Salaam Glass Works Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 May 2017
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- proceedings nullified
- Legal Topics
- Jurisdiction, Res Judicata, Workers Compensation, Negligence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Ramadhani Idd
Appellant
Dar es Salaam Glass Works Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court had jurisdiction to try the suit
- 2 Whether the suit was res judicata
Ratio Decidendi
The suit before the lower court was not properly instituted because the previous finding of lack of jurisdiction remained intact and was not vacated by review, revision, or appeal; thus, the proceedings were a nullity.
Court Disposition
proceedings nullified
Orders
- All proceedings of Ilala District Court at Samora in Civil Case No. 47 of 2012 are declared a nullity and hereby nullified.
- Each party to bear their own costs.
Full Case Text
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