20070313 TZHC Dar es Salaam

20070313 TZHC Dar es Salaam

The matters raised by the defendants are factual and not legal issues suitable for a preliminary objection; the plaintiff has a cause of action based on her alleged termination and denial of benefits related to her role in the cattle rearing project.

Citation
20070313 TZHC Dar es Salaam
Parties
Plaintiff: Suzana M. Chacha; 1st Defendant: Registered Trustees of Evangelical Lutheran Church in Tanzania; 2nd Defendant: Heifer Project International; 3rd Defendant: P.H. Bogasi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 2007
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled; prayer for dismissal denied
Legal Topics
Preliminary Objection, Cause of Action, Contract of Service
Source Language
English
Civil Procedure Preliminary Objection Cause of Action Contract of Service

Case Brief

Summary, issues, holding and outcome

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Parties

Suzana M. Chacha

Plaintiff

Registered Trustees of Evangelical Lutheran Church in Tanzania

1st Defendant

Heifer Project International

2nd Defendant

P.H. Bogasi

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection raised by the defendants is on a point of law
  2. 2 Whether the plaintiff has a cause of action against the defendants

Ratio Decidendi

The matters raised by the defendants are factual and not legal issues suitable for a preliminary objection; the plaintiff has a cause of action based on her alleged termination and denial of benefits related to her role in the cattle rearing project.

Court Disposition

Preliminary objection overruled; prayer for dismissal denied

Orders

  • Objection overruled
  • Plaintiff's suit not dismissed