20060406 TZCA Dar es Salaam3

20060406 TZCA Dar es Salaam3

The preliminary objection was rejected because the 1st respondent had already filed a substantive application (Civil Application No. 149 of 2005) under Rule 82 of the Court of Appeal Rules, 1979, seeking the same relief on the same grounds. Good administration of justice requires that the substantive application be heard first.

Citation
20060406 TZCA Dar es Salaam3
Parties
Applicant: Salum Amri Kiria; 1st Respondent: Nassoro Hassan Taratibu; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 April 2006
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution
Outcome
Preliminary objection rejected with costs in the cause.
Legal Topics
Stay of Execution, Preliminary Objection, Appeal Procedure, Service of Notice, Extension of Time
Source Language
English
Civil Procedure Stay of Execution Preliminary Objection Appeal Procedure Service of Notice Extension of Time

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Parties

Salum Amri Kiria

Applicant

Nassoro Hassan Taratibu

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution

Legal Issues

  1. 1 Whether the preliminary objection on procedural grounds is valid to strike out the application for stay of execution
  2. 2 Whether the applicant complied with procedural requirements for service and filing in the appeal process

Ratio Decidendi

The preliminary objection was rejected because the 1st respondent had already filed a substantive application (Civil Application No. 149 of 2005) under Rule 82 of the Court of Appeal Rules, 1979, seeking the same relief on the same grounds. Good administration of justice requires that the substantive application be heard first.

Court Disposition

Preliminary objection rejected with costs in the cause.

Orders

  • Preliminary objection dismissed.
  • Costs in the cause.