abdul kipango vs abasi kataga 2022 tzhc 15195 12 december 2022

The appellant was not denied the right to be heard as both parties were given the opportunity to file written submissions on the preliminary objection, and the process was duly followed.

Citation: abdul kipango vs abasi kataga 2022 tzhc 15195 12 december 2022
Parties: Appellant: Abdul Kipango; Respondent: Abasi Kataga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 December 2022
Procedural Posture: PC Civil Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time
Outcome: Appeal dismissed for want of merits
Legal Topics: Right to Be Heard, Extension of Time, Preliminary Objection
Source Language: English

Civil Procedure Right to Be Heard Extension of Time Preliminary Objection

Case Brief

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Parties

Abdul Kipango

Appellant

Abasi Kataga

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time

Legal Issues

1 Whether the appellant was denied the right to be heard in the District Court's determination of the preliminary objection
2 Whether the dismissal of the application for extension of time without hearing on merits was proper

Ratio Decidendi

The appellant was not denied the right to be heard as both parties were given the opportunity to file written submissions on the preliminary objection, and the process was duly followed.

Court Disposition

Appeal dismissed for want of merits

Orders

Each party to bear own costs