Preliminary objections: Meaning, grounds, sample and how it works


This post is about preliminary objections, here you will learn;

what is the preliminary objection

how preliminary objection works

grounds for preliminary objections

sample of notice of preliminary objections

etc.

What is a preliminary objection?

Preliminary objections (P.O) refer to the legal issues raised by any party in a civil case that requires court determination before proceeding to the main case. Preliminary objections is an opportunity available to the parties of the case, to tell the court that there is a problem based on the point of law which must be decided before the main case.

How to raise preliminary objection

A party that wishes to raise preliminary objections must give notice to that effect. Among other things, the notice of preliminary objections must contain grounds for objection and prayers to the court.

The notice of preliminary objection can be featured in a written statement of defence or filled separately.

See: sample of a written statement with preliminary objection

Once filled, or in any other proper way presented in court, the court must determine the objections first before proceeding with the main case.

In entertaining the objections court will allow each party to presents his arguments either orally or in written form. After hearing the arguments from each party court will issue its ruling.

When court allows the objections, it will make any order that it may think fit in relation to the objection raised. In most cases, the suit is dismissed.

READ ALSO  Extension of Time in Tanzania : case law

When court rejects the objection, it will proceed to hear the main suit.

Grounds for preliminary objections

The following may be the grounds of preliminary objections

  1. Jurisdiction– that the court has no jurisdiction to determine the case
  2. Res-judicata- This ground tells the court that the cause of action has been already determined by the court in another case. The doctrine of res judicata bars litigation on a point that has been a subject of litigation in a previous suit.
  3. Res sub-judice- this ground tells the court that there is a similar case that is pending before the court (Res sub judice bars litigation in two suits simultaneously.)
  4. Limitation of time- This ground is to the effect that the suit is time-barred
  5. The pleading violates important provisions of the law; for example, plaint does not disclose the cause of action.
  6. Admissibility of evidence- a party can object that a certain piece of evidence is not admissible.
  7. Misjoinder of parties
  8. Non-payment of court fees
  9. Etc.

NB: the list above is not exhaustive. Generally, in civil cases, anything that contravenes the law may be a good ground for preliminary objection.

Sample of notice of preliminary objections

IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM

CIVIL APPLICATION NO…… OF ……….

between

A AND B                                                                    Appellant

and

X AND Y                                                                 Respondent

(Revision from the High Court of             Zanzibar at Vuga-Zanzibar, The Hon. ………. dated ………. in Miscellaneous Civil Application No… of……)

NOTICE OF PRELIMINARY OBJECTION

(Made under Rule 107(2) of the Tanzania Court of Appeal Rules, 2009)

NOTICE IS HEREBY given that at the commencement of the hearing of the Application, a preliminary objection will be raised on behalf of the Respondent asking the Honourable Court to dismiss and/or strike out the Application on the following grounds that: –

  1. The Application is misconceived and incompetent because it improperly seeks to move this Honourable Court to exercise its revisional jurisdiction; and
  2. he application is an abuse of the Court process.
READ ALSO  How to negotiate Like a pro (skills and strategies)

Dated at Dar es Salaam this ________   day of November…..

 __________________________________

ADVOCATE FOR THE RESPONDENT

Lodged in the Registry at Dar es salaam this  _________  day of  November 2…

  ___________

REGISTRAR

COPY TO BE SERVED UPON:

YYY (Advocates)

LAW Building

6th Floor Wing B

Azikiwe Street

P.O. Box 11111

DAR ES SALAAM

DRAWN AND FILED BY:

XYZ

Advocates

9th Floor, PPF Tower

Garden Avenue/Ohio Street

P.O. Box 0000

DAR ES SALAAM

Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from the Law school of Tanzania. Lawyer by profession and blogger by passion.

Recent Content