yohana maiko sengasu vs mirambo mabula 2023 tzhclandd 16507 24 mei 2023

The preliminary objection does not constitute a pure point of law and does not demonstrate violation of Order XLI Rule 1 and 5 of the CPC; therefore, it lacks merit and is overruled.

Citation: yohana maiko sengasu vs mirambo mabula 2023 tzhclandd 16507 24 mei 2023
Parties: Decree Holder: Yohana Maiko Sengasu; Judgment Debtor: Mirambo Mabula
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Reference Application / Ruling on Preliminary Objection
Outcome: preliminary objection overruled with costs
Legal Topics: Preliminary Objection, Reference Proceedings, Application Procedure
Source Language: English

Civil Procedure Land Law Preliminary Objection Reference Proceedings Application Procedure

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Yohana Maiko Sengasu

Decree Holder

Mirambo Mabula

Judgment Debtor

Procedural Posture

Reference Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the preliminary objection raised against the reference application is a pure point of law and whether the application was properly brought before the court

Ratio Decidendi

The preliminary objection does not constitute a pure point of law and does not demonstrate violation of Order XLI Rule 1 and 5 of the CPC; therefore, it lacks merit and is overruled.

Court Disposition

preliminary objection overruled with costs

Orders

application to proceed on merit
costs awarded to applicant