ibrahim s kajembo vs commissioner for land others 2005 tzhc 216 15 december 2005
A party is not barred from raising a preliminary objection after a pre-trial scheduling order if new facts arise that could not have been foreseen at the time of the order.
- Citation
- ibrahim s kajembo vs commissioner for land others 2005 tzhc 216 15 december 2005
- Parties
- Plaintiff: Ibrahim S. Kajembo; Defendant: Commissioner for Land; Defendant: Attorney General; Defendant: Mary Mareale
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2005
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- Preliminary objection to be heard on merits
- Legal Topics
- Preliminary Objection, Subjudice, Pre Trial Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ibrahim S. Kajembo
Plaintiff
Commissioner for Land
Defendant
Attorney General
Defendant
Mary Mareale
Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a preliminary objection can be raised after the first pre-trial scheduling order if new circumstances arise
Ratio Decidendi
A party is not barred from raising a preliminary objection after a pre-trial scheduling order if new facts arise that could not have been foreseen at the time of the order.
Court Disposition
Preliminary objection to be heard on merits
Orders
- The preliminary objection shall be heard on 15/2/2006
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