yasin matata lusaka vs baraka hussein 6 others 2023 tzca 17747 6 october 2023

yasin matata lusaka vs baraka hussein 6 others 2023 tzca 17747 6 october 2023

The suit is barred by res judicata as the dispute over the same plots and parties was previously adjudicated in Land Application No.88 of 2014 and Land Appeal No.32 of 2016, both decided on merits and affirmed by the High Court. The plaintiff's arguments are misconstrued and do not alter the legal effect of prior judgments.

Citation
yasin matata lusaka vs baraka hussein 6 others 2023 tzca 17747 6 october 2023
Parties
Plaintiff: Yasin Matata Lusaka; 1st Defendant: Baraka Hussein; 2nd Defendant: Pendo Simon; 3rd Defendant: Milas Mebo Mvano; 4th Defendant: Kigoma/Ujiji Municipal Council; 5th Defendant: Commissioner for Lands; 6th Defendant: District Commissioner of Kigoma; 7th Defendant: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 October 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
suit dismissed with costs
Legal Topics
Res Judicata, Ownership of Land, Compensation
Source Language
English
Civil Procedure Land Law Res Judicata Ownership of Land Compensation

Case Brief

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Parties

Yasin Matata Lusaka

Plaintiff

Baraka Hussein

1st Defendant

Pendo Simon

2nd Defendant

Milas Mebo Mvano

3rd Defendant

Kigoma/Ujiji Municipal Council

4th Defendant

Commissioner for Lands

5th Defendant

District Commissioner of Kigoma

6th Defendant

The Attorney General

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by res judicata under section 9 of the Civil Procedure Code
  2. 2 Whether the plaintiff can claim ownership and compensation for the disputed plots

Ratio Decidendi

The suit is barred by res judicata as the dispute over the same plots and parties was previously adjudicated in Land Application No.88 of 2014 and Land Appeal No.32 of 2016, both decided on merits and affirmed by the High Court. The plaintiff's arguments are misconstrued and do not alter the legal effect of prior judgments.

Court Disposition

suit dismissed with costs

Orders

  • preliminary objection sustained
  • suit dismissed with costs