webster mohamed j feruzi and 445 others vs attorney general 2023 tzhc 15739 1 march 2023
The application is neither an abuse of court process nor res judicata as there is no pending execution application and the current application seeks enlargement of a period previously granted, not a fresh extension. The preliminary objection lacks merit and is dismissed.
- Citation
- webster mohamed j feruzi and 445 others vs attorney general 2023 tzhc 15739 1 march 2023
- Parties
- Applicants: Webster Mohamed J. Feruzi & 445 Others; Respondent: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 March 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed
- Legal Topics
- Extension of Time, Abuse of Court Process, Res Judicata, Execution of Decree
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Webster Mohamed J. Feruzi & 445 Others
Applicants
The Attorney General
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is an abuse of court process
- 2 Whether the application is res judicata
Ratio Decidendi
The application is neither an abuse of court process nor res judicata as there is no pending execution application and the current application seeks enlargement of a period previously granted, not a fresh extension. The preliminary objection lacks merit and is dismissed.
Court Disposition
Preliminary objection dismissed
Orders
- Preliminary objection dismissed
- Costs to abide the outcome of the application
Full Case Text
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