LAND CASE NO
The suit is barred by the doctrine of res sub judice because a notice of appeal regarding the same subject matter is pending before the Court of Appeal, thereby depriving the High Court of jurisdiction.
- Citation
- LAND CASE NO
- Parties
- Plaintiff: Veronica John Singano & 29 Others; 1st Defendant: Samwel Venance Kwabu; 2nd Defendant: Jesca W.L. Massawe t/a JJ Auction Mart Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2022
- Procedural Posture
- Land Case / Ruling on Preliminary Objection
- Outcome
- Suit dismissed with costs
- Legal Topics
- Res Sub Judice, Jurisdiction, Execution of Decrees, Objection Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Veronica John Singano & 29 Others
Plaintiff
Samwel Venance Kwabu
1st Defendant
Jesca W.L. Massawe t/a JJ Auction Mart Limited
2nd Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is barred by res sub judice under section 8 of the Civil Procedure Code
- 2 Whether the High Court has jurisdiction when a notice of appeal is pending in the Court of Appeal
- 3 Whether the suit is overtaken by events due to prior execution
Ratio Decidendi
The suit is barred by the doctrine of res sub judice because a notice of appeal regarding the same subject matter is pending before the Court of Appeal, thereby depriving the High Court of jurisdiction.
Court Disposition
Suit dismissed with costs
Orders
- Suit dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment