Second Final Ruling MAYAYI MAKUYA AND OTHERS
The preliminary objection does not meet the threshold of a pure point of law as it requires ascertainment of facts and exercise of judicial discretion; therefore, it cannot be determined as a preliminary objection and is overruled.
- Citation
- Second Final Ruling MAYAYI MAKUYA AND OTHERS
- Parties
- Appellant: Mayayi Makuya; Appellant: Kishuka Mapaa; Appellant: Nyongo Mayayi; Respondent: Jiduta Masanja
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 27 March 2025
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled; appeal to proceed to hearing.
- Legal Topics
- Preliminary Objection, Functus Officio, Stay of Proceedings, Civil and Criminal Proceedings, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mayayi Makuya
Appellant
Kishuka Mapaa
Appellant
Nyongo Mayayi
Appellant
Jiduta Masanja
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal was prematurely filed contrary to the court's previous order
- 2 Whether the principle of functus officio applies to the refiling of the appeal
- 3 Whether the preliminary objection raised constitutes a pure point of law
Ratio Decidendi
The preliminary objection does not meet the threshold of a pure point of law as it requires ascertainment of facts and exercise of judicial discretion; therefore, it cannot be determined as a preliminary objection and is overruled.
Court Disposition
Preliminary objection overruled; appeal to proceed to hearing.
Orders
- Preliminary objection overruled.
- Costs to abide the outcome of the appeal.
Full Case Text
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