simon m merere vs berthold nkaliamunu 2 others 2022 tzhclandd 12365 4 october 2022

simon m merere vs berthold nkaliamunu 2 others 2022 tzhclandd 12365 4 october 2022

The subject matter in both suits was the same parcel of land, and although the applicant was not a party to the original suit, he was a privy by virtue of purchase. Therefore, the application was barred by res-judicata.

Citation
simon m merere vs berthold nkaliamunu 2 others 2022 tzhclandd 12365 4 october 2022
Parties
Applicant: Simon M. Merere; 1st Respondent: Berthold Nkaliamunu; 2nd Respondent: Hussein R. Ruheba; 3rd Respondent: Kabango General Business Ltd Tribunal Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2022
Procedural Posture
Land Revision / Ruling
Outcome
Application dismissed with costs
Legal Topics
Res Judicata, Ownership Dispute, Revision Proceedings
Source Language
English
Land Law Civil Procedure Res Judicata Ownership Dispute Revision Proceedings

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Parties

Simon M. Merere

Applicant

Berthold Nkaliamunu

1st Respondent

Hussein R. Ruheba

2nd Respondent

Kabango General Business Ltd Tribunal Broker

3rd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether Land Application No. 153 of 2020 was res-judicata
  2. 2 Whether the subject matter and parties in the two suits were the same

Ratio Decidendi

The subject matter in both suits was the same parcel of land, and although the applicant was not a party to the original suit, he was a privy by virtue of purchase. Therefore, the application was barred by res-judicata.

Court Disposition

Application dismissed with costs

Orders

  • Application for revision dismissed
  • Applicant to pay costs