olais lucas laizer vs tanzania agricultural development bank and others 2023 tzhc 17159 5 may 2023

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

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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)

  1. 1 Whether an application can be withdrawn after a preliminary objection has been raised and is pending determination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.