said hamad lugumi vs commercial bank of africa 2 others 2023 tzhclandd 16935 7 september 2023

said hamad lugumi vs commercial bank of africa 2 others 2023 tzhclandd 16935 7 september 2023

The suit is res judicata because the previous suit (Civil Case No. 170 of 2015) involved the same parties and subject matter, was dismissed for want of prosecution by a competent court, and the dismissal was final; the plaintiff's remedy was to seek to set aside the dismissal, not to file a fresh suit.

Source-derived case information.

Citation
said hamad lugumi vs commercial bank of africa 2 others 2023 tzhclandd 16935 7 september 2023
Parties
Plaintiff: Said Hamad Lugumi; 1st Defendant: Commercial Bank of Africa; 2nd Defendant: Daniel Alphonce Mshana; 3rd Defendant: Global Web Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 September 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
suit dismissed
Legal Topics
Res Judicata, Dismissal for Want of Prosecution, Preliminary Objection
Source Language
english
Civil Procedure Land Law Res Judicata Dismissal for Want of Prosecution Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Said Hamad Lugumi

Plaintiff

Commercial Bank of Africa

1st Defendant

Daniel Alphonce Mshana

2nd Defendant

Global Web Limited

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by res judicata
  2. 2 Whether the suit is time barred
  3. 3 Whether the suit is barred by Order IX Rule 6(1) of the Civil Procedure Code

Ratio Decidendi

The suit is res judicata because the previous suit (Civil Case No. 170 of 2015) involved the same parties and subject matter, was dismissed for want of prosecution by a competent court, and the dismissal was final; the plaintiff's remedy was to seek to set aside the dismissal, not to file a fresh suit.

Court Disposition

suit dismissed

Orders

  • Suit dismissed as res judicata to Land Case No. 170 of 2015.
  • Court is functus officio to determine the matter.