20160906 TZHC Dodoma

20160906 TZHC Dodoma

The objection requires evidence to ascertain whether the respondent masqueraded as an advocate or whether an undisclosed person drew the reply, making it a question of fact, not law. Therefore, the preliminary objection is not sustainable.

Citation
20160906 TZHC Dodoma
Parties
Appellant: Mariam Ramadhani; Respondent: Rajabu Ally Hongoa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2016
Procedural Posture
Land Case Appeal / Preliminary Objection Ruling
Outcome
objection dismissed with costs
Legal Topics
Preliminary Objection, Advocates Qualification, Pleadings
Source Language
English
Civil Procedure Legal Profession Preliminary Objection Advocates Qualification Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Mariam Ramadhani

Appellant

Rajabu Ally Hongoa

Respondent

Procedural Posture

Land Case Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the respondent's reply to the petition of appeal contravenes section 39 of the Advocates Act for being drawn by an unqualified person

Ratio Decidendi

The objection requires evidence to ascertain whether the respondent masqueraded as an advocate or whether an undisclosed person drew the reply, making it a question of fact, not law. Therefore, the preliminary objection is not sustainable.

Court Disposition

objection dismissed with costs

Orders

  • preliminary objection dismissed
  • costs awarded to respondent