webster mohamed j feruzi and 445 others vs attorney general 2023 tzhc 15739 1 march 2023

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

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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

  1. 1 Whether the application is an abuse of court process
  2. 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