serengeti breweries ltd vs hector sequiraa 2016 tzca 2043 2 december 2016

serengeti breweries ltd vs hector sequiraa 2016 tzca 2043 2 december 2016

The preliminary objection does not raise a pure point of law as the pleadings do not settle the factual question of service of Notice of Appeal; thus, it cannot dispose of the application at this stage.

Citation
serengeti breweries ltd vs hector sequiraa 2016 tzca 2043 2 december 2016
Parties
Applicant: Serengeti Breweries Limited; Respondent: Hector Sequiraa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2016
Procedural Posture
Civil Application / Preliminary Objection Ruling
Outcome
preliminary objection dismissed
Legal Topics
Stay of Execution, Service of Notice of Appeal, Preliminary Objection
Source Language
English
Civil Procedure Labour Law Stay of Execution Service of Notice of Appeal Preliminary Objection

Case Brief

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Parties

Serengeti Breweries Limited

Applicant

Hector Sequiraa

Respondent

Procedural Posture

Civil Application / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether failure to serve Notice of Appeal renders the application for stay of execution incompetent
  2. 2 Whether the preliminary objection raises a pure point of law

Ratio Decidendi

The preliminary objection does not raise a pure point of law as the pleadings do not settle the factual question of service of Notice of Appeal; thus, it cannot dispose of the application at this stage.

Court Disposition

preliminary objection dismissed

Orders

  • Costs to abide the outcome of the Notice of Motion to be heard on a date to be fixed by the Registrar