saidi pata vs moshi rumeze 2004 tzhc 37 30 april 2004

saidi pata vs moshi rumeze 2004 tzhc 37 30 april 2004

The court found that there is no binding authority or legal provision that categorically bars re-institution of applications previously struck out for procedural reasons, and thus the preliminary objection lacks merit.

Citation
saidi pata vs moshi rumeze 2004 tzhc 37 30 april 2004
Parties
Appellant: Saadi Pata; Respondent: Moshi Eumeze
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2004
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Extension of Time, Re Institution of Struck Out Applications, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Re Institution of Struck Out Applications Preliminary Objection

Case Brief

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Parties

Saadi Pata

Appellant

Moshi Eumeze

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application previously struck out or dismissed for procedural reasons can be re-instituted
  2. 2 Whether the present application is bad in law as an abuse of process

Ratio Decidendi

The court found that there is no binding authority or legal provision that categorically bars re-institution of applications previously struck out for procedural reasons, and thus the preliminary objection lacks merit.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant