20060104 TZCA Dar es Salaam

20060104 TZCA Dar es Salaam

The preliminary objection fails because it does not raise pure points of law based on ascertained facts, but instead relies on extraneous matters and evidence outside the face of the application. The application before the Court is for stay of execution, not revision, and the grounds raised do not meet the legal tests for a preliminary objection.

Citation
20060104 TZCA Dar es Salaam
Parties
Applicant: Selcom Gaming Limited; 1st Respondent: Gaming Management (T) Limited; 2nd Respondent: Gaming Board of Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 January 2006
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Preliminary Objection, Stay of Execution, Revision, Jurisdiction
Source Language
English
Civil Procedure Preliminary Objection Stay of Execution Revision Jurisdiction

Case Brief

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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

Legal Issues

  1. 1 Whether the preliminary objection raised by the first respondent is maintainable
  2. 2 Whether the application for stay of execution is competent in the absence of a valid revision application
  3. 3 Whether there is anything to stay if the interim order has already been implemented

Ratio Decidendi

The preliminary objection fails because it does not raise pure points of law based on ascertained facts, but instead relies on extraneous matters and evidence outside the face of the application. The application before the Court is for stay of execution, not revision, and the grounds raised do not meet the legal tests for a preliminary objection.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant