heri microfinance limited another vs crdb bank plc 2022 tzca 65 24 february 2022

heri microfinance limited another vs crdb bank plc 2022 tzca 65 24 february 2022

An application for reference under rule 62 does not require attachment of supporting documents; the process is intentionally simple and informal, unlike revision applications. The preliminary objection is without merit and is dismissed with costs.

Citation
heri microfinance limited another vs crdb bank plc 2022 tzca 65 24 february 2022
Parties
Applicant: Heri Microfinance Limited; Applicant: Cassiano Lucas Kaegele; Respondent: CRDB Bank PLC
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2022
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Reference From Single Justice Decision, Court Procedure, Preliminary Objection
Source Language
English
Civil Procedure Reference From Single Justice Decision Court Procedure Preliminary Objection

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Parties

Heri Microfinance Limited

Applicant

Cassiano Lucas Kaegele

Applicant

CRDB Bank PLC

Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for reference under rule 62 of the Tanzania Court of Appeal Rules requires attachment of supporting documents

Ratio Decidendi

An application for reference under rule 62 does not require attachment of supporting documents; the process is intentionally simple and informal, unlike revision applications. The preliminary objection is without merit and is dismissed with costs.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Application for reference to be fixed for hearing on merit