20110909 TZHC Dodoma

Res judicata does not apply to applications; the preliminary objection lacks merit and is rejected.

Source-derived case information.

Citation: 20110909 TZHC Dodoma
Parties: Applicant: Zawadi Amu; Respondent: Hajara Juma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 September 2011
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Preliminary objection rejected
Legal Topics: Res Judicata, Abuse of Court Process, Extension of Time, Leave to Appeal
Source Language: english

Civil Procedure Res Judicata Abuse of Court Process Extension of Time Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Zawadi Amu

Applicant

Hajara Juma

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is barred by res judicata
2 Whether the application is misconceived and an abuse of court process

Ratio Decidendi

Res judicata does not apply to applications; the preliminary objection lacks merit and is rejected.

Court Disposition

Preliminary objection rejected

Orders

Preliminary objection dismissed
Collateral consequences to follow

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