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The High Courts was established under article 108(1) of the 1977 Constitution of the United Republic of Tanzania. [1] The court has unlimited jurisdiction to handle all types of cases. All appeals from the subordinate courts go to the High Court. The High courts are headed by a Principal Judge.
Functus officio is thus bound up with the doctrine of res judicata, which prevents (in the absence of statutory authority) the re-opening of a matter before the same court, tribunal or other statutory actor that rendered the final decision. There are many exceptions; for instance, where a statute authorizes variations of the original decision ...
Sturgell, 553 U.S. 880 (2008), was a United States Supreme Court case involving res judicata. It held that a "virtually represented" non-party cannot be bound by a judgment. It held that a "virtually represented" non-party cannot be bound by a judgment.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
According to Khampepe, the interests of justice and the rule of law demanded that only wholly exceptional circumstances sufficed to justify a departure from the doctrines of res judicata and functus officio, or else the administration of justice would be compromised by "chaos". Zuma's case did not meet this threshold.
Res judicata provides that once a case has been determined, it produces a judgment either inter partes or in rem depending on the subject matter of the dispute: although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If that rule were not in place, litigation might never ...
Conclusively in the case of Northern Tanzania Farmers Coop society Ltd v Shelukindo the court stated that "The high court is an organ deriving its establishment and existence by the operation of the constitution of this country. This organ unless otherwise expressly restricted by the legislature has unlimited criminal and civil jurisdiction ...
A foreign country court has jurisdiction to give a judgment in personam in four cases. Murthy v Sivajothi [1993] 1 WLR 467 upheld the recognition of res judicata. The English court only had jurisdiction to enforce the judgment if the defendant had submitted to the jurisdiction of the foreign court by voluntarily appearing in those proceedings.