20110606 TZCA Dar es salaam

The objection raised does not constitute a proper preliminary objection as it does not raise a legal point capable of disposing of the entire appeal; therefore, it is dismissed with costs.

Citation: 20110606 TZCA Dar es salaam
Parties: Appellant: Mwananchi Engineering and Contracting Corporation; Respondent: Khalifa Msangi t/a Msangi Enterprises
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 June 2011
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: preliminary objection dismissed with costs
Legal Topics: Preliminary Objection, Grounds of Appeal, Court of Appeal Rules
Source Language: English

Civil Procedure Preliminary Objection Grounds of Appeal Court of Appeal Rules

Case Brief

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Parties

Mwananchi Engineering and Contracting Corporation

Appellant

Khalifa Msangi t/a Msangi Enterprises

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether ground 5 of the memorandum of appeal constitutes a valid ground of appeal under Rule 93(1) of the Court of Appeal Rules, 2009
2 Whether the preliminary objection raised by the respondent is a proper preliminary objection capable of disposing of the appeal

Ratio Decidendi

The objection raised does not constitute a proper preliminary objection as it does not raise a legal point capable of disposing of the entire appeal; therefore, it is dismissed with costs.

Court Disposition

preliminary objection dismissed with costs

Orders

preliminary objection dismissed
costs awarded to appellant