jackline hamson ghikas vs mllatie richie assey 2022 tzca 438 18 july 2022
The determination of whether the respondent was served within the prescribed time requires ascertainment of facts, thus the point raised does not qualify as a preliminary objection. The preliminary objection is incompetent and rejected.
- Citation
- jackline hamson ghikas vs mllatie richie assey 2022 tzca 438 18 july 2022
- Parties
- Applicant: Jackline Hamson Ghikas; Respondent: Mllatie Richie Assey
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 July 2022
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection rejected
- Legal Topics
- Preliminary Objection, Service of Process, Stay of Execution, Matrimonial Dispute
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jackline Hamson Ghikas
Applicant
Mllatie Richie Assey
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent for violation of Rule 55(1) of the Court of Appeal Rules 2009 due to alleged failure to serve notice of motion and affidavit within prescribed time
- 2 Whether the point raised qualifies as a preliminary objection
Ratio Decidendi
The determination of whether the respondent was served within the prescribed time requires ascertainment of facts, thus the point raised does not qualify as a preliminary objection. The preliminary objection is incompetent and rejected.
Court Disposition
Preliminary objection rejected
Orders
- Application for stay of execution to be heard on merit on a date to be fixed and notified by the Registrar
- No order as to costs
Full Case Text
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