AARIF YUSUF SHARIF VS SABRI MWADINI HAJI 2025 TZCA 90 (21 FEBRUARY 2025)

Abstract

When the matter came for hearing on 13th February 2025, by way of video conference from Dar es Salaam Mr. Sabri Saleh and Dimesh Mawji learned counsel appeared for the applicant, and Mr. Reginald Martin and Helena Ignas learned counsel stood for the respondent. Mr. Saleh submitted that on 12th February 2024 they received the notice of preliminary objection around 15:00. It was his view that the preliminary objection be entertained first. He was also concerned that the preliminary objection contravenes rule 107 of the Tanzania Court of Appeal Rules, 2009, G.N. No. 368 of 2009 as amended by G.N. No. 362 of 2017, G.N. No. 344 of 2019, and G.N. No. 188 of 2024 herein cited as the Rules. Having heard Mr. Saleh's submission, Mr. Reginald Martin, for the respondent, prayed to withdraw the preliminary objection. The same was thus withdrawn as Mr. Saleh did not object to the prayer for its withdrawal. Following the withdrawal of the preliminary objection, the hearing of the application proceeded as set