kazi kambi and 2 others vs juma mtoro and another 2 1996 tzca 22 7 august 1996

kazi kambi and 2 others vs juma mtoro and another 2 1996 tzca 22 7 august 1996

The preliminary objection against the counter-affidavit is dismissed because the counter-affidavit's clarifications are permissible, and any minor defects do not warrant its rejection at this stage. The substantive application should proceed to hearing for full ventilation of the issues.

Citation
kazi kambi and 2 others vs juma mtoro and another 2 1996 tzca 22 7 august 1996
Parties
Applicant: Kazi Kambi; Applicant: Mwajuma Kambi; Applicant: Mwanaidi Kambi; Respondent: Juma Mtobo; Respondent: Khadija Kambi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 1996
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution and Extension of Time
Outcome
Preliminary objection dismissed; application to proceed to hearing.
Legal Topics
Stay of Execution, Extension of Time, Affidavit Practice, Preliminary Objection
Source Language
English
Civil Procedure Stay of Execution Extension of Time Affidavit Practice Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Kazi Kambi

Applicant

Mwajuma Kambi

Applicant

Mwanaidi Kambi

Applicant

Juma Mtobo

Respondent

Khadija Kambi

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution and Extension of Time

Legal Issues

  1. 1 Whether the counter-affidavit filed by the respondents should be rejected for being argumentative, evasive, and incurably defective
  2. 2 Whether the preliminary objection raised by the applicants against the counter-affidavit has merit

Ratio Decidendi

The preliminary objection against the counter-affidavit is dismissed because the counter-affidavit's clarifications are permissible, and any minor defects do not warrant its rejection at this stage. The substantive application should proceed to hearing for full ventilation of the issues.

Court Disposition

Preliminary objection dismissed; application to proceed to hearing.

Orders

  • Application to proceed to hearing
  • No order as to costs for the hearing of the preliminary objection