g m dewji co ltd vs kampuni ya uchukuzi iringa ltd 2006 tzhc 106 7 march 2006
The trial magistrate erred by not making a ruling on the submissions and by assuming the appellant failed to file a reply; the preliminary objection must be determined inter-partes before another magistrate.
- Citation
- g m dewji co ltd vs kampuni ya uchukuzi iringa ltd 2006 tzhc 106 7 march 2006
- Parties
- Appellant: G. M. Dewji & Co. Ltd.; Respondent: Kampuni ya Uchukuzi Iringa Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 March 2006
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- ruling of trial magistrate set aside; matter remitted for inter-partes determination before another magistrate
- Legal Topics
- Preliminary Objection, Limitation, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
G. M. Dewji & Co. Ltd.
Appellant
Kampuni ya Uchukuzi Iringa Ltd.
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the trial magistrate erred in determining the preliminary objection without considering all submissions
- 2 Whether the preliminary objection on limitation should be determined inter-partes
Ratio Decidendi
The trial magistrate erred by not making a ruling on the submissions and by assuming the appellant failed to file a reply; the preliminary objection must be determined inter-partes before another magistrate.
Court Disposition
ruling of trial magistrate set aside; matter remitted for inter-partes determination before another magistrate
Orders
- Preliminary objection to be determined inter-partes
- Determination to be made before another magistrate
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