20170503 TZHC Dar es Salaam 1

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

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Parties

Ramadhani Idd

Appellant

Dar es Salaam Glass Works Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

  1. 1 Whether the trial court had jurisdiction to try the suit
  2. 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.