20140204 TZHC Dar es Salaam

20140204 TZHC Dar es Salaam

The preliminary objections lack merit because the requirement to pay forty shillings as a filing fee is obsolete and impractical, and the application for production of documents was filed within the time fixed by the court order.

Citation
20140204 TZHC Dar es Salaam
Parties
Appellant: Dr. God Bless Charles; 1st Respondent: Medical Council of Tanganyika; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 February 2014
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objections
Outcome
preliminary objections overruled
Legal Topics
Appeals, Preliminary Objections, Limitation of Actions, Court Fees
Source Language
English
Civil Procedure Medical Law Appeals Preliminary Objections Limitation of Actions Court Fees

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Parties

Dr. God Bless Charles

Appellant

Medical Council of Tanganyika

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal is incompetent for failure to pay the prescribed court fee under Rule 7 of the Medical Practitioners and Dentists (Appeals) Rules
  2. 2 Whether the application for production of documents is time barred under the Law of Limitation Act

Ratio Decidendi

The preliminary objections lack merit because the requirement to pay forty shillings as a filing fee is obsolete and impractical, and the application for production of documents was filed within the time fixed by the court order.

Court Disposition

preliminary objections overruled

Orders

  • Application to come for hearing on 10/2/2014