pata vs rumeze 2004 tzhc 7 30 april 2004
The preliminary objection that the application is bad in law for seeking to re-institute a matter already struck out is without merit, as there is no binding authority prohibiting such applications and the cited cases do not support the respondent's position.
- Citation
- pata vs rumeze 2004 tzhc 7 30 april 2004
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2004
- Procedural Posture
- Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed with costs
- Legal Topics
- Extension of Time, Re Institution of Struck Out Applications, Abuse of Process, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether an application previously struck out or dismissed can be re-instituted under the law
- 2 Whether the present application is bad in law for attempting to re-institute a matter already struck out
Ratio Decidendi
The preliminary objection that the application is bad in law for seeking to re-institute a matter already struck out is without merit, as there is no binding authority prohibiting such applications and the cited cases do not support the respondent's position.
Court Disposition
Preliminary objection dismissed with costs
Orders
- Preliminary objection dismissed
- Applicant awarded costs
Full Case Text
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