Unfreight2

Unfreight2

The application is incompetent as it is res subjudice, given the existence of a pending case involving the same parties, subject matter, and reliefs before a competent tribunal. The objection is upheld and the application is struck out.

Citation
Unfreight2
Parties
Applicant: UNFREIGHT LOGISTICS LTD; 1st Respondent: LAMADA HOTEL AND APARTMENT LTD; 2nd Respondent: THE REGISTERED TRUSTEES OF THE ANGLICAN CHURCH OF TANZANIA; 3rd Respondent: THE ANGLICAN CHURCH OF TANZANIA; 4th Respondent: REV. FR WILLIAM MSAKI; 5th Respondent: PADRE LAMECK P. NDOMBA
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Res Subjudice, Jurisdiction, Striking Out Applications
Source Language
English
Civil Procedure Land Law Res Subjudice Jurisdiction Striking Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

UNFREIGHT LOGISTICS LTD

Applicant

LAMADA HOTEL AND APARTMENT LTD

1st Respondent

THE REGISTERED TRUSTEES OF THE ANGLICAN CHURCH OF TANZANIA

2nd Respondent

THE ANGLICAN CHURCH OF TANZANIA

3rd Respondent

REV. FR WILLIAM MSAKI

4th Respondent

PADRE LAMECK P. NDOMBA

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is res subjudice in light of a pending case involving the same parties, subject matter, and reliefs before another competent tribunal.

Ratio Decidendi

The application is incompetent as it is res subjudice, given the existence of a pending case involving the same parties, subject matter, and reliefs before a competent tribunal. The objection is upheld and the application is struck out.

Court Disposition

Application struck out

Orders

  • The instant application is struck out.
  • No order as to costs.