CIVIL APPEAL NO 98 OF 2021 CAMEL OIL T LTD VS BAHATI MOSHI MASABILE ANOTHER

CIVIL APPEAL NO 98 OF 2021 CAMEL OIL T LTD VS BAHATI MOSHI MASABILE ANOTHER

The preliminary objection on time bar was not a pure point of law as it required evidence to ascertain whether the appeal was filed electronically or manually; therefore, the High Court erred in entertaining and sustaining the objection.

Citation
CIVIL APPEAL NO 98 OF 2021 CAMEL OIL T LTD VS BAHATI MOSHI MASABILE ANOTHER
Parties
Appellant: Camel Oil (T) Ltd; 1st Respondent: Bahati Moshi Masabile; 2nd Respondent: Bilo Star Debt Collector Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Decision
Outcome
appeal allowed
Legal Topics
Preliminary Objection, Electronic Filing, Limitation of Actions, Appeal Procedure
Source Language
English
Civil Procedure Preliminary Objection Electronic Filing Limitation of Actions Appeal Procedure

Case Brief

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Parties

Camel Oil (T) Ltd

Appellant

Bahati Moshi Masabile

1st Respondent

Bilo Star Debt Collector Co. Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the preliminary objection on time bar was competent without requiring evidence
  2. 2 Whether the High Court erred in dismissing the appeal as time barred based on a preliminary objection

Ratio Decidendi

The preliminary objection on time bar was not a pure point of law as it required evidence to ascertain whether the appeal was filed electronically or manually; therefore, the High Court erred in entertaining and sustaining the objection.

Court Disposition

appeal allowed

Orders

  • Proceedings and decision of the High Court dismissing the appeal are nullified
  • Hearing of Civil Appeal No. 46 of 2020 to proceed accordingly