MISC

MISC

The preliminary objection on late service does not raise a pure point of law as its determination requires evidence regarding dates of filing, endorsement, and service, which are not available to the court. Therefore, the objection is overruled.

Citation
MISC
Parties
Applicant: Gratian Magana; 1st Respondent: Camilius Neurey; 2nd Respondent: Cornelia Ismahili (administrator of the estate of the late Titus /Africana Ngoitanile); 3rd Respondent: Steven Msaki; 4th Respondent: Samwel Jitabo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Service of Process, Time Limits, Preliminary Objections, Advocates Remuneration Order
Source Language
English
Civil Procedure Service of Process Time Limits Preliminary Objections Advocates Remuneration Order

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Parties

Gratian Magana

Applicant

Camilius Neurey

1st Respondent

Cornelia Ismahili (administrator of the estate of the late Titus /Africana Ngoitanile)

2nd Respondent

Steven Msaki

3rd Respondent

Samwel Jitabo

4th Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection on late service of the application is a pure point of law
  2. 2 Whether the application was served within the prescribed time under Order 7 (3) & (4) of the Advocates Remuneration Order, 2015

Ratio Decidendi

The preliminary objection on late service does not raise a pure point of law as its determination requires evidence regarding dates of filing, endorsement, and service, which are not available to the court. Therefore, the objection is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • No order as to costs
  • Right of appeal explained