t breweries ltd vs abel kiswivi sanga 2 others 2005 tzhccomd 24 24 january 2005

t breweries ltd vs abel kiswivi sanga 2 others 2005 tzhccomd 24 24 january 2005

The court held that the parties and issues in the two cases are not directly and substantially the same. The present suit concerns liabilities for goods supplied, while the other case concerns damages for alleged unilateral change of business terms. Therefore, section 8 CPC does not apply and the preliminary...

Source-derived case information.

Citation
t breweries ltd vs abel kiswivi sanga 2 others 2005 tzhccomd 24 24 january 2005
Parties
Plaintiff: Tanzania Breweries Limited; 1st Defendant: Abel Kiswivi Sanga; 2nd Defendant: Abel Kiswivi t/a Hakika Enterprises; 3rd Defendant: Unyangala Enterprises Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 January 2005
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Res Sub Judice, Credit Transactions, Breach of Contract
Source Language
english
Civil Procedure Commercial Law Res Sub Judice Credit Transactions Breach of Contract

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Summary, issues, holding and outcome

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Parties

Tanzania Breweries Limited

Plaintiff

Abel Kiswivi Sanga

1st Defendant

Abel Kiswivi t/a Hakika Enterprises

2nd Defendant

Unyangala Enterprises Limited

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by section 8 of the Civil Procedure Code due to pendency of a similar matter between the same parties and issues

Ratio Decidendi

The court held that the parties and issues in the two cases are not directly and substantially the same. The present suit concerns liabilities for goods supplied, while the other case concerns damages for alleged unilateral change of business terms. Therefore, section 8 CPC does not apply and the preliminary objection is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection dismissed