terrestrial tanzania limited vs rajab kingo another 2018 tzhc 2934 20 july 2018

terrestrial tanzania limited vs rajab kingo another 2018 tzhc 2934 20 july 2018

The preliminary objection does not meet the criteria of disposing of the matter summarily and does not save the court's or parties' time; therefore, it is overruled.

Citation
terrestrial tanzania limited vs rajab kingo another 2018 tzhc 2934 20 july 2018
Parties
Applicant: Terrestrial Tanzania Limited; 1st Respondent: Rajab Kingo; 2nd Respondent: Kimanyi Beruye
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 July 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Preliminary Objection, Affidavit Defects, Stay of Execution
Source Language
English
Civil Procedure Preliminary Objection Affidavit Defects Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Terrestrial Tanzania Limited

Applicant

Rajab Kingo

1st Respondent

Kimanyi Beruye

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter affidavit is incurably defective for containing extraneous matters such as prayers, arguments, and conclusions
  2. 2 Whether the preliminary objection raised disposes of the matter summarily

Ratio Decidendi

The preliminary objection does not meet the criteria of disposing of the matter summarily and does not save the court's or parties' time; therefore, it is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Application to be heard on merits