dr godbless charles vs medical council of tanganyika and ag 2014 tzhc 2019 30 april 2014

dr godbless charles vs medical council of tanganyika and ag 2014 tzhc 2019 30 april 2014

The preliminary objections lack merit because the requirement to pay forty shillings is obsolete and unenforceable, and the application for production of documents was filed within the time fixed by the court, not from the date of the original verdict.

Citation
dr godbless charles vs medical council of tanganyika and ag 2014 tzhc 2019 30 april 2014
Parties
Appellant: Dr. Godbless Charles; 1st Respondent: Medical Council of Tanganyika; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 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
Administrative Law Medical Law Civil Procedure Appeals Preliminary Objections Limitation of Actions Court Fees

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Parties

Dr. Godbless 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The preliminary objections lack merit because the requirement to pay forty shillings is obsolete and unenforceable, and the application for production of documents was filed within the time fixed by the court, not from the date of the original verdict.

Court Disposition

preliminary objections overruled

Orders

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