20200428 TZHC Dar es Salaam

20200428 TZHC Dar es Salaam

The court is functus officio after dismissing the preliminary objection for want of prosecution and cannot entertain the same objection again.

Citation
20200428 TZHC Dar es Salaam
Parties
Plaintiff: Filly Michael Kyande; Defendant: EFC Tanzania M.F.C Limited; Third Party: Veronica Daniel Tembe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2020
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Preliminary Objection, Competence of Pleadings, Advocates Act, Functus Officio
Source Language
English
Civil Procedure Preliminary Objection Competence of Pleadings Advocates Act Functus Officio

Case Brief

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Parties

Filly Michael Kyande

Plaintiff

EFC Tanzania M.F.C Limited

Defendant

Veronica Daniel Tembe

Third Party

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint is defective for being drawn and filed by an entity not legally competent under the Advocates Act
  2. 2 Whether the court can entertain a preliminary objection previously dismissed for want of prosecution

Ratio Decidendi

The court is functus officio after dismissing the preliminary objection for want of prosecution and cannot entertain the same objection again.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • Preliminary objection dismissed
  • Costs awarded to Plaintiff