peter tabu massawe vs peter mbararia another 2005 tzhc 254 1 november 2005

peter tabu massawe vs peter mbararia another 2005 tzhc 254 1 november 2005

A preliminary objection cannot be raised against another preliminary objection; once a notice of appeal is filed, even if out of time, the High Court lacks jurisdiction to entertain an application for extension of time or leave to appeal.

Citation
peter tabu massawe vs peter mbararia another 2005 tzhc 254 1 november 2005
Parties
Applicant: Peter Tabu Massawe; Respondent: P3tee Mbari & Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Notice of Appeal, Preliminary Objections, Jurisdiction
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Preliminary Objections Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Tabu Massawe

Applicant

P3tee Mbari & Another

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether a preliminary objection can be raised against another preliminary objection
  2. 2 Whether the application is competent before the court in view of an already filed notice of appeal

Ratio Decidendi

A preliminary objection cannot be raised against another preliminary objection; once a notice of appeal is filed, even if out of time, the High Court lacks jurisdiction to entertain an application for extension of time or leave to appeal.

Court Disposition

Application struck out with costs

Orders

  • Preliminary objection by respondent upheld
  • Application struck out with costs