daniel gileksa v mantle kwaangw 2023 tzhc 21037 18 september 2023

daniel gileksa v mantle kwaangw 2023 tzhc 21037 18 september 2023

The preliminary objection was not based on a pure point of law but on facts requiring further evidence. The affidavit complied with Order XIX Rule 3 of the Civil Procedure Code. The objection lacked merit and was overruled.

Source-derived case information.

Citation
daniel gileksa v mantle kwaangw 2023 tzhc 21037 18 september 2023
Parties
Applicant: Daniel Gileksa; Respondent: Mantle Kwaangw
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2023
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Affidavit Requirements, Preliminary Objection, Extension of Time
Source Language
english
Civil Procedure Land Law Affidavit Requirements Preliminary Objection Extension of Time

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Parties

Daniel Gileksa

Applicant

Mantle Kwaangw

Respondent

Procedural Posture

Misc. Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application contravenes Order XIX Rule 3 of the Civil Procedure Code
  2. 2 Whether the preliminary objection is based on a pure point of law

Ratio Decidendi

The preliminary objection was not based on a pure point of law but on facts requiring further evidence. The affidavit complied with Order XIX Rule 3 of the Civil Procedure Code. The objection lacked merit and was overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed
  • Costs to be in cause