solohaga company limited vs yara tanzania limited and another 2020 tzhccomd 2113 18 december 2020

solohaga company limited vs yara tanzania limited and another 2020 tzhccomd 2113 18 december 2020

The suit is an abuse of court process because it does not fall within the exception under Order XXI Rule 62 of the Civil Procedure Code, as it does not seek to establish the plaintiff's right to the disputed property after execution proceedings. The plaintiff's remedy was to file a suit under Rule 62, not the present suit. Therefore, the suit is barred and dismissed.

Citation
solohaga company limited vs yara tanzania limited and another 2020 tzhccomd 2113 18 december 2020
Parties
Plaintiff: Solohaga Company Limited; 1st Defendant: Yara Tanzania Limited; 2nd Defendant: Santana Investment Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 December 2020
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Abuse of Court Process, Res Sub Judice, Execution of Decree, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Abuse of Court Process Res Sub Judice Execution of Decree Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Solohaga Company Limited

Plaintiff

Yara Tanzania Limited

1st Defendant

Santana Investment Limited

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is misconceived and unmaintainable for being brought prematurely
  2. 2 Whether the suit is unmaintainable in law for being an abuse of court process and is res sub-judice

Ratio Decidendi

The suit is an abuse of court process because it does not fall within the exception under Order XXI Rule 62 of the Civil Procedure Code, as it does not seek to establish the plaintiff's right to the disputed property after execution proceedings. The plaintiff's remedy was to file a suit under Rule 62, not the present suit. Therefore, the suit is barred and dismissed.

Court Disposition

Suit dismissed with costs

Orders

  • The suit is dismissed for being an abuse of court process.
  • Plaintiff to pay costs.