Alaf Limited vs Saidi Ndyamukana, Land case no 12 of 2015.

This case provide the remedy of party who lose objection proceeding and wants to file fresh suit in competent court.

Thefire court Provide meaning of competent court. Read summary below then Download a case.


“To file a fresh suit to establish one’s title contemplated in
the circumstances of the above provision entails suing on
the same subject matter pursued in the objection proceedings and against all the parties involved preferably in the same Court that heard the original suit and
objection proceedings.” [Emphasis added]


The Court went further to emphasize as follows:
“The Court that competently determine the objection
proceeding is the one competent to determine the
fresh suit filed by the one losing in objection proceedings, contemplated under Order XXI Rule 62
of the CPC. This is not the Court that heard the original suit
and the objection proceedings, thus not competent to
determine a fresh suit filed on the basis of the above provision.