abdallah rashid abdallah vs sulubu kidogo amour another 2006 tzca 30 17 november 200

abdallah rashid abdallah vs sulubu kidogo amour another 2006 tzca 30 17 november 200

The preliminary objection fails because it does not raise a pure point of law, relies on facts in affidavits, and misconstrues the nature of the application before the Court, which is for stay of execution and not revision.

Citation
abdallah rashid abdallah vs sulubu kidogo amour another 2006 tzca 30 17 november 200
Parties
Applicant: Selcom Gaming Limited; 1st Respondent: Gaming Management (T) Limited; 2nd Respondent: Gaming Board of Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2006
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Preliminary objection overruled with costs.
Legal Topics
Preliminary Objection, Stay of Execution, Appellate Jurisdiction, Revision Proceedings
Source Language
English
Civil Procedure Preliminary Objection Stay of Execution Appellate Jurisdiction Revision Proceedings

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Parties

Selcom Gaming Limited

Applicant

Gaming Management (T) Limited

1st Respondent

Gaming Board of Tanzania

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the preliminary objection raised by the first respondent is maintainable in law
  2. 2 Whether the application for stay of execution is competent in the absence of a valid revision application
  3. 3 Whether the facts relied upon in the affidavit can be the basis of a preliminary objection

Ratio Decidendi

The preliminary objection fails because it does not raise a pure point of law, relies on facts in affidavits, and misconstrues the nature of the application before the Court, which is for stay of execution and not revision.

Court Disposition

Preliminary objection overruled with costs.

Orders

  • Preliminary objection dismissed.
  • Application to proceed to hearing.