pride tanzania ltd vs anna bundala others 2008 tzhc 35 15 february 2008

pride tanzania ltd vs anna bundala others 2008 tzhc 35 15 february 2008

The trial Magistrate erred in law by failing to rule on preliminary objections and by entering judgment based solely on pleadings without hearing evidence, thus denying the appellant the right to prove its case.

Citation
pride tanzania ltd vs anna bundala others 2008 tzhc 35 15 february 2008
Parties
Appellant: Pride Tanzania Ltd; Respondent: Anna Bundala; Respondent: Zuhura Ubwabwa; Respondent: B.M. Maktauo; Respondent: Adam I. Kimvuli; Respondent: National Housing Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Preliminary Objections, Judgment on Pleadings, Remittal to Trial Court
Source Language
English
Civil Procedure Preliminary Objections Judgment on Pleadings Remittal to Trial Court

Case Brief

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Parties

Pride Tanzania Ltd

Appellant

Anna Bundala

Respondent

Zuhura Ubwabwa

Respondent

B.M. Maktauo

Respondent

Adam I. Kimvuli

Respondent

National Housing Corporation

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial Magistrate acted illegally by making an order for judgment instead of a ruling on preliminary objections
  2. 2 Whether the trial Magistrate erred by writing a judgment based solely on pleadings without hearing evidence

Ratio Decidendi

The trial Magistrate erred in law by failing to rule on preliminary objections and by entering judgment based solely on pleadings without hearing evidence, thus denying the appellant the right to prove its case.

Court Disposition

appeal allowed

Orders

  • Trial court proceedings dated 24/12/2003 and judgment delivered on 4/6/2004 quashed and set aside
  • Case remitted to the trial court for mediation and/or hearing by another Magistrate with competent jurisdiction