wadoki saccos ltd vs david mseti and two others 2021 tzhc 3850 17 june 2021
The District Court lacked jurisdiction to entertain the dispute as it was already decided by the Registrar and an appeal was pending before the Minister; proceedings before the District Court were a nullity.
- Citation
- wadoki saccos ltd vs david mseti and two others 2021 tzhc 3850 17 june 2021
- Parties
- Appellant: WADOKI SACCOS LTD; 1st Respondent: David Mseti; 2nd Respondent: Makama Inv. Company Ltd; 3rd Respondent: Kiboko Auction Mart Company Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 June 2021
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Jurisdiction, Appeals, Forum Shopping, Powers of Registrar, Member Status
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
WADOKI SACCOS LTD
Appellant
David Mseti
1st Respondent
Makama Inv. Company Ltd
2nd Respondent
Kiboko Auction Mart Company Ltd
3rd Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the District Court had jurisdiction to entertain the case between the parties
- 2 Whether the order made by the District Court was justified and legal
Ratio Decidendi
The District Court lacked jurisdiction to entertain the dispute as it was already decided by the Registrar and an appeal was pending before the Minister; proceedings before the District Court were a nullity.
Court Disposition
appeal allowed
Orders
- Proceedings before the District Court in Civil Case No. 01/2018 quashed
- Judgment and decree of the District Court set aside
Full Case Text
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