bernard joseph vs msimamizi wa uchaguzi another 2006 tzhc 271 19 september 2006

bernard joseph vs msimamizi wa uchaguzi another 2006 tzhc 271 19 september 2006

A preliminary objection raised by an appellant at the appellate stage, especially after respondents have filed replies, is procedurally improper and contradicts the purpose of the appeal; such an objection is baseless and must be dismissed.

Source-derived case information.

Citation
bernard joseph vs msimamizi wa uchaguzi another 2006 tzhc 271 19 september 2006
Parties
Appellant: Bernard Joseph; Respondent: Msimamizi wa Uchaguzi; Respondent: Issa Salum Kiiza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2006
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Preliminary Objection, Jurisdiction, Civil Appeals
Source Language
english
Civil Procedure Preliminary Objection Jurisdiction Civil Appeals

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Summary, issues, holding and outcome

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Parties

Bernard Joseph

Appellant

Msimamizi wa Uchaguzi

Respondent

Issa Salum Kiiza

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appellant's preliminary objection is valid at the appellate stage

Ratio Decidendi

A preliminary objection raised by an appellant at the appellate stage, especially after respondents have filed replies, is procedurally improper and contradicts the purpose of the appeal; such an objection is baseless and must be dismissed.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Appellant's preliminary objection is dismissed with costs.
  • Hearing of the main appeal scheduled for 7/12/2006.