jimmy lugendo vs crdb bank ltd 2019 tzca 129 12 march 2019
The applicant's notice of preliminary objection was incompetent due to wrong citation of the enabling provision, as only the respondent may raise such objection under Rule 107(1), and the proper provision for an applicant is Rule 4(2)(a).
- Citation
- jimmy lugendo vs crdb bank ltd 2019 tzca 129 12 march 2019
- Parties
- Applicant: Jimmy Lugendo; Respondent: CRDB Bank Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 March 2019
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection in Application for Extension of Time
- Outcome
- Notice of preliminary objection struck out
- Legal Topics
- Extension of Time, Preliminary Objection, Wrong Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jimmy Lugendo
Applicant
CRDB Bank Ltd
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time
Legal Issues
- 1 Whether the applicant could properly raise a preliminary objection under Rule 107(1) of the Tanzania Court of Appeal Rules, 2009
- 2 Legal consequences of citing a wrong provision of law in raising a preliminary objection
Ratio Decidendi
The applicant's notice of preliminary objection was incompetent due to wrong citation of the enabling provision, as only the respondent may raise such objection under Rule 107(1), and the proper provision for an applicant is Rule 4(2)(a).
Court Disposition
Notice of preliminary objection struck out
Orders
- Applicant's notice of preliminary objection is struck out
- Each party to bear its own costs
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