The Appellant filed a suit against the Respondent in Arusha District Court for trespass. The Respondent raised a preliminary objection that the suit was res judicata as there was another previously dismissed suit between the same parties who litigated about the same subject matter. The Court consequently dismissed the suit. The Appellant was dissatisfied with the decision and appealed to the High Court arguing that the court had erred in holding that the two suits were substantially the same while causes of action were different. The Respondent’s counsel conceded to the submission. The main issue that had to be resolved by the High Court was whether the subsequent suit filed in Arusha District Court was res judicata.