20161129 TZCA Dar es Salaam

20161129 TZCA Dar es Salaam

The preliminary objection does not raise a pure point of law because the pleadings do not conclusively establish whether Notice of Appeal was served; therefore, the objection cannot dispose of the application at this stage.

Citation
20161129 TZCA Dar es Salaam
Parties
Applicant: Serengeti Breweries Limited; Respondent: Hector Sequiraa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 November 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection
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 / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve Notice of Appeal renders 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 because the pleadings do not conclusively establish whether Notice of Appeal was served; therefore, the objection 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