elizabeth ndike and another vs fatuma ally shoo and 2 others 2023 tzhc 18367 20 june 2023
The preliminary objection fails because it is not a pure point of law; it requires factual investigation to ascertain the death of the 3rd respondent, which cannot be done through a preliminary objection.
- Citation
- elizabeth ndike and another vs fatuma ally shoo and 2 others 2023 tzhc 18367 20 june 2023
- Parties
- Applicant: Elizabeth Ndike; Applicant: M/S FHS Engineering Ltd; Respondent: Fatuma Ally Shoo; Respondent: Issack Emily Lyimo; Respondent: Renalda A. Shayo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2023
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled with costs
- Legal Topics
- Preliminary Objection, Extension of Time, Suing Deceased Persons
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elizabeth Ndike
Applicant
M/S FHS Engineering Ltd
Applicant
Fatuma Ally Shoo
Respondent
Issack Emily Lyimo
Respondent
Renalda A. Shayo
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent for being instituted against a deceased person
- 2 Whether the preliminary objection qualifies as a pure point of law
Ratio Decidendi
The preliminary objection fails because it is not a pure point of law; it requires factual investigation to ascertain the death of the 3rd respondent, which cannot be done through a preliminary objection.
Court Disposition
Preliminary objection overruled with costs
Orders
- Preliminary objection dismissed
- Costs awarded to applicants
Full Case Text
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