Zuhura d/o Yusufu v. Juma Saidi, (PC) Civ. App. 185-D-68, 9/5/69, Hamlyn J.

 Zuhura d/o Yusufu v. Juma Saidi, (PC) Civ. App. 185-D-68, 9/5/69, Hamlyn J.

In 1964, the appellant filed proceedings and obtained judgment against the respondent for 32 cows, said to be part of her deceased husband’s estate. In 1968, the appellant filed the present proceedings, claiming from the respondent a further 5 cows which she alleged had belonged to her husband. She obtained judgment in the Primary Court, but this holding was reversed by the District Court on appeal. Thereupon, she appealed to the High Court.

Held: A plaintiff cannot, in the ordinary course of things, be permitted to file a series of suits in respect of the same cause of action. Not only would this be an abuse of the process of the courts, but it might preclude a judgment –debtor from over freeing himself from his obligations. The rule, which is embodied in Order 2, Rule 2 of the Civil Procedure Code, and is a salutary one. It would not have been impossible for the appellant, when she was about to institute her proceedings in 1964 ……. To have made a fuller investigation as to her rights in the matter of her husband’s estate and to have filed her action for everything that was her due.” Appeal dismissed.