kajembo vs commissioner of land and others 2006 tzhc 28 29 june 2006

kajembo vs commissioner of land and others 2006 tzhc 28 29 june 2006

The doctrine of res subjudice does not apply because the question of ownership is not awaiting decision in the Court of Appeal; only the issue of jurisdiction is pending. The High Court, being superior, can hear and determine the ownership and related issues.

Citation
kajembo vs commissioner of land and others 2006 tzhc 28 29 june 2006
Parties
Defendant: Commissioner for Land Defendants; Defendant: Attorney General; Defendant: Mary Mareale; Plaintiff: Unknown (Plaintiff)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2006
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Res Subjudice, Jurisdiction, Land Ownership, Revocation of Title Deed
Source Language
English
Civil Procedure Land Law Res Subjudice Jurisdiction Land Ownership Revocation of Title Deed

Case Brief

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Parties

Commissioner for Land Defendants

Defendant

Attorney General

Defendant

Mary Mareale

Defendant

Unknown (Plaintiff)

Plaintiff

Procedural Posture

Civil Suit / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the doctrine of res subjudice applies to bar the present suit
  2. 2 Whether the court has jurisdiction to entertain the land dispute

Ratio Decidendi

The doctrine of res subjudice does not apply because the question of ownership is not awaiting decision in the Court of Appeal; only the issue of jurisdiction is pending. The High Court, being superior, can hear and determine the ownership and related issues.

Court Disposition

preliminary objection overruled

Orders

  • Costs to be in the main cause
  • Suit fixed for mention on 18/9/2006