kajembo vs commissioner of land and others 2005 tzhc 68 15 december 2005

kajembo vs commissioner of land and others 2005 tzhc 68 15 december 2005

Parties are not barred from raising a preliminary objection after a pre-trial scheduling order if new facts arise that could not have been foreseen at the time of the order.

Citation
kajembo vs commissioner of land and others 2005 tzhc 68 15 december 2005
Parties
Defendant: Commissioner for Land; Defendant: Attorney General; Defendant: Mary Mareale; Plaintiff: Unknown (Plaintiff)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2005
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection to be heard on merits
Legal Topics
Preliminary Objection, Sub Judice, Pre Trial Scheduling Order
Source Language
English
Civil Procedure Preliminary Objection Sub Judice Pre Trial Scheduling Order

Case Brief

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Parties

Commissioner for Land

Defendant

Attorney General

Defendant

Mary Mareale

Defendant

Unknown (Plaintiff)

Plaintiff

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a party is barred from raising a preliminary objection after a pre-trial scheduling order if new circumstances arise

Ratio Decidendi

Parties are not barred from raising a preliminary objection after a pre-trial scheduling order if new facts arise that could not have been foreseen at the time of the order.

Court Disposition

preliminary objection to be heard on merits

Orders

  • The preliminary objection shall be heard on 15/2/2006.