britam insurance tanzania limited vs ezekiel kingongogo another 2021 tzca 579 12 october 2021

britam insurance tanzania limited vs ezekiel kingongogo another 2021 tzca 579 12 october 2021

Both grounds of preliminary objection require evidence to determine the validity of the certificate of delay and the timing of service, and thus do not qualify as pure points of law. Therefore, they cannot be sustained as preliminary objections.

Citation
britam insurance tanzania limited vs ezekiel kingongogo another 2021 tzca 579 12 october 2021
Parties
Appellant: Britam Insurance Tanzania Limited; 1st Respondent: Ezekiel Kingongogo; 2nd Respondent: Simon Osiah Mwambigija
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Before Hearing Appeal on Merits
Outcome
Both preliminary objections overruled with costs.
Legal Topics
Preliminary Objection, Limitation of Actions, Service of Process, Certificate of Delay, Appeal Procedure
Source Language
English
Civil Procedure Insurance Law Preliminary Objection Limitation of Actions Service of Process Certificate of Delay Appeal Procedure

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Parties

Britam Insurance Tanzania Limited

Appellant

Ezekiel Kingongogo

1st Respondent

Simon Osiah Mwambigija

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Before Hearing Appeal on Merits

Legal Issues

  1. 1 Whether the appeal is time-barred due to an invalid certificate of delay
  2. 2 Whether failure to serve the 1st respondent with the memorandum and record of appeal within time is a valid preliminary objection

Ratio Decidendi

Both grounds of preliminary objection require evidence to determine the validity of the certificate of delay and the timing of service, and thus do not qualify as pure points of law. Therefore, they cannot be sustained as preliminary objections.

Court Disposition

Both preliminary objections overruled with costs.

Orders

  • Both grounds of preliminary objection are overruled.
  • Costs awarded to the appellant.