olais lucas laizer vs tanzania agricultural development bank and others 2023 tzhc 17159 5 may 2023
A party cannot withdraw an application after a preliminary objection has been raised; the objection must be heard and determined first.
- Citation
- olais lucas laizer vs tanzania agricultural development bank and others 2023 tzhc 17159 5 may 2023
- Parties
- Applicant: Olais Lucas Laizer; 1st Respondent: Tanzania Agricultural Development Bank Limited; 2nd Respondent: The Chief Secretary; 3rd Respondent: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 May 2023
- Procedural Posture
- Miscellaneous Civil Application / Interlocutory (application to Withdraw After Preliminary Objection Raised)
- Outcome
- Application for withdrawal denied; proceedings to continue with applicant's rejoinder before ruling.
- Legal Topics
- Preliminary Objection, Withdrawal of Application, Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Olais Lucas Laizer
Applicant
Tanzania Agricultural Development Bank Limited
1st Respondent
The Chief Secretary
2nd Respondent
The Attorney General
3rd Respondent
Procedural Posture
Miscellaneous Civil Application / Interlocutory (application to Withdraw After Preliminary Objection Raised)
Legal Issues
- 1 Whether an application can be withdrawn after a preliminary objection has been raised and is pending determination
Ratio Decidendi
A party cannot withdraw an application after a preliminary objection has been raised; the objection must be heard and determined first.
Court Disposition
Application for withdrawal denied; proceedings to continue with applicant's rejoinder before ruling.
Orders
- Applicant to finalize rejoinder on the same day before date for ruling is set.
Full Case Text
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