CIVIL REFERENCE NO
The preliminary objection is overruled because the issue of whether service was effected within the prescribed time involves factual disputes that require evidence and is not a pure point of law.
- Citation
- CIVIL REFERENCE NO
- Parties
- Applicant: Export Trading Company; 1st Respondent: Tandahimba Newala Cooperative Union Ltd; 2nd Respondent: Tandahimba Quality Control System Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Civil Reference / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled with costs.
- Legal Topics
- Preliminary Objection, Service of Process, Interpretation of Statutes, Advocates Remuneration
- Source Language
- English
Case Brief
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Parties
Export Trading Company
Applicant
Tandahimba Newala Cooperative Union Ltd
1st Respondent
Tandahimba Quality Control System Ltd
2nd Respondent
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to serve the reference within seven days as per Order 7(3) of the Advocates Remuneration Order, 2015 is a pure point of law suitable for preliminary objection
Ratio Decidendi
The preliminary objection is overruled because the issue of whether service was effected within the prescribed time involves factual disputes that require evidence and is not a pure point of law.
Court Disposition
Preliminary objection overruled with costs.
Orders
- Preliminary objection overruled with costs.
- Parties to proceed with the substantive matter of the reference.
Full Case Text
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