sadallah philip ndosy vs hussein b chakaar 2018 tzhclandd 517 31 august 2018

sadallah philip ndosy vs hussein b chakaar 2018 tzhclandd 517 31 august 2018

The application and main suit are incompetent as they are res judicata to the previously determined Land Case No. 308 of 2008, constitute abuse of court process, and the High Court lacks jurisdiction to review or set aside the judgment of another High Court judge; only the Court of Appeal is competent to determine such matters.

Citation
sadallah philip ndosy vs hussein b chakaar 2018 tzhclandd 517 31 august 2018
Parties
Applicant: Sadallah Philip Ndosy; Respondent: Hussein B Chakaar
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction and Competence of Suit
Outcome
Application and main suit dismissed with costs for incompetence and abuse of process.
Legal Topics
Temporary Injunction, Res Judicata, Abuse of Process, Jurisdiction, Fraud on Judgment
Source Language
English
Civil Procedure Land Law Temporary Injunction Res Judicata Abuse of Process Jurisdiction Fraud on Judgment

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Parties

Sadallah Philip Ndosy

Applicant

Hussein B Chakaar

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction and Competence of Suit

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a fresh suit and application challenging a previous High Court judgment on grounds of fraud
  2. 2 Whether the application and suit are barred by res judicata and constitute abuse of court process

Ratio Decidendi

The application and main suit are incompetent as they are res judicata to the previously determined Land Case No. 308 of 2008, constitute abuse of court process, and the High Court lacks jurisdiction to review or set aside the judgment of another High Court judge; only the Court of Appeal is competent to determine such matters.

Court Disposition

Application and main suit dismissed with costs for incompetence and abuse of process.

Orders

  • Misc. Land Application No. 62 of 2018 and Land Case No. 17 of 2018 are dismissed with costs.