machumbe vs machumbe 2005 tzhc 19 4 march 200

machumbe vs machumbe 2005 tzhc 19 4 march 200

The respondent ought to have filed a cross-appeal or revisional proceedings to challenge the District Court's decision. Raising a point of law by notice is not the proper procedure. The notice is struck out and arguments dismissed with costs.

Citation
machumbe vs machumbe 2005 tzhc 19 4 march 200
Parties
Appellant: Daniel F. Machumbe; Respondent: Joseph F. Machumbe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
PC Civil Appeal / Ruling on Preliminary Objection Before Hearing of Appeal
Outcome
Preliminary objection struck out and arguments dismissed with costs.
Legal Topics
Preliminary Objection, Limitation of Actions, Probate and Administration, Appeals Process
Source Language
English
Civil Procedure Preliminary Objection Limitation of Actions Probate and Administration Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel F. Machumbe

Appellant

Joseph F. Machumbe

Respondent

Procedural Posture

PC Civil Appeal / Ruling on Preliminary Objection Before Hearing of Appeal

Legal Issues

  1. 1 Whether the proceedings in the Primary Court and District Court were time barred
  2. 2 Whether the respondent could raise a point of law without filing a cross-appeal

Ratio Decidendi

The respondent ought to have filed a cross-appeal or revisional proceedings to challenge the District Court's decision. Raising a point of law by notice is not the proper procedure. The notice is struck out and arguments dismissed with costs.

Court Disposition

Preliminary objection struck out and arguments dismissed with costs.

Orders

  • Notice of intention to argue point of law struck out
  • Arguments of respondent dismissed