access bank tanzania limited vs godwin ernest others 2023 tzca 17453 25 july 2023

access bank tanzania limited vs godwin ernest others 2023 tzca 17453 25 july 2023

The preliminary objection on limitation cannot be determined without reference to evidence and is not a pure point of law; the objection on naming of parties is dismissed as the description follows the pattern in prior proceedings and does not render the application incompetent.

Citation
access bank tanzania limited vs godwin ernest others 2023 tzca 17453 25 july 2023
Parties
Applicant: Access Bank Tanzania Limited; Respondents: Godwin Ernest & 3 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2023
Procedural Posture
Civil Application / Ruling on Preliminary Objections in Application for Stay of Execution Pending Appeal
Outcome
Preliminary objections dismissed
Legal Topics
Stay of Execution, Preliminary Objection, Naming of Parties, Limitation Period
Source Language
English
Civil Procedure Labour Law Stay of Execution Preliminary Objection Naming of Parties Limitation Period

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Parties

Access Bank Tanzania Limited

Applicant

Godwin Ernest & 3 Others

Respondents

Procedural Posture

Civil Application / Ruling on Preliminary Objections in Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution is time-barred under Rule 11(4) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether failure to name the respondents in the notice of motion and affidavit renders the application incompetent

Ratio Decidendi

The preliminary objection on limitation cannot be determined without reference to evidence and is not a pure point of law; the objection on naming of parties is dismissed as the description follows the pattern in prior proceedings and does not render the application incompetent.

Court Disposition

Preliminary objections dismissed

Orders

  • Application to be set for hearing on merits on a date to be fixed by the Registrar