20091030 TZHC Mbeya

20091030 TZHC Mbeya

The appeal is dismissed because the matter is res judicata; the same parties, subject matter, and reliefs were involved in the previous suit, which was finally decided by a court of competent jurisdiction. The District Land and Housing Tribunal could not revisit or nullify the Resident Magistrate's Court decision, which remains valid and undisturbed.

Citation
20091030 TZHC Mbeya
Parties
Appellant: Rev. George Mgeni; Respondent: CRDB Ltd Mbeya; Respondent: Layla Bandali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2009
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Res Judicata, Jurisdiction, Land Ownership, Public Auction, Sale of Property
Source Language
English
Land Law Civil Procedure Res Judicata Jurisdiction Land Ownership Public Auction Sale of Property

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Parties

Rev. George Mgeni

Appellant

CRDB Ltd Mbeya

Respondent

Layla Bandali

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the matter was res judicata under Section 9 of the Civil Procedure Code
  2. 2 Whether the District Land and Housing Tribunal had jurisdiction to entertain the application after the Resident Magistrate's Court decision

Ratio Decidendi

The appeal is dismissed because the matter is res judicata; the same parties, subject matter, and reliefs were involved in the previous suit, which was finally decided by a court of competent jurisdiction. The District Land and Housing Tribunal could not revisit or nullify the Resident Magistrate's Court decision, which remains valid and undisturbed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents