elikana emanuel vs peter andrew silayo 2023 tzhc 23556 22 december 2023
The preliminary objections raised by the respondent lacked merit and were overruled. The District Court's order restraining nuisance at the applicant's business premises was revised and set aside due to urgency and business impact.
Source-derived case information.
- Citation
- elikana emanuel vs peter andrew silayo 2023 tzhc 23556 22 december 2023
- Parties
- Applicant: Elikana Emanuel; Respondent: Peter Andrew Silayo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 December 2023
- Procedural Posture
- Civil Revision / Ruling on Application and Preliminary Objections
- Outcome
- application allowed
- Legal Topics
- Revision, Preliminary Objections, Interlocutory Orders, Abuse of Court Process
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elikana Emanuel
Applicant
Peter Andrew Silayo
Respondent
Procedural Posture
Civil Revision / Ruling on Application and Preliminary Objections
Legal Issues
- 1 Whether the application contravenes Section 79(2) of the Civil Procedure Code
- 2 Whether the application cites a non-existing or repealed provision
- 3 Whether the application is an abuse of court process for referring to an interlocutory order
Ratio Decidendi
The preliminary objections raised by the respondent lacked merit and were overruled. The District Court's order restraining nuisance at the applicant's business premises was revised and set aside due to urgency and business impact.
Court Disposition
application allowed
Orders
- Preliminary objections overruled
- District Court order restraining nuisance at Plot No. 379 Block E (Savoy Bar/Club) set aside
Full Case Text
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