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Tanzania decisions
Decisions matching the current search
The High Court stayed probate-related proceedings over the Mengi estate, citing multiplicity of suits and its inherent power under section 95 of the Civil Procedure Code.
The High Court lacks jurisdiction to appoint a receiver when the underlying suit is stayed and subject to an appeal; such jurisdiction vests in the appellate court.
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The High Court struck out a suit seeking enforcement of a deed of settlement, holding it was barred by res judicata, sub judice, and abuse of process.
The High Court dismissed a preliminary objection that a debt recovery suit was barred by an earlier winding-up petition and pending appeal.
The High Court struck out a land revision after finding it was an abuse of court process because the same dispute was already pending in another tribunal.
The Court of Appeal struck out a revision application, holding that the High Court’s stay of proceedings was interlocutory and not revisable under section 5(2)(d).
The Tribunal's proceedings and judgment in Land Application No. 42 of 2019 were null and void due to procedural irregularity; parties should have complied with the order for trial de novo in Land Application No. 54 of 2015. The filing of a new suit constituted sub judice.
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The suit is barred by res judicata as all five conditions under section 9 of the Civil Procedure Code are met: same parties, same subject matter, same title, competent court, and final decision in Land Case No. 45 of 2019.
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The High Court granted an application to extend time for filing an appeal, finding sufficient cause because of a pending Court of Appeal notice and name discrepancies.
The High Court held that a land appeal was not sub judice to a separate land case because the subject matters were different, and overruled the preliminary objection.
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