Joy Objectio Pro

Introduction.
What is objection proceeding?
In support that question, the objection proceeding is the importance to the matter of the civil
case. Why is important issue? Because it reads section 95 of the civil procedure code1 stated
that; “Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of
the court to make such orders as may be necessary for the ends of justice or to prevent abuse
of the process of the court.”
Therefore, the objection proceeding is the formal protest raised during a trial, deposition or
other procedure indicating that the objecting attorney wishes the judge to disallow either the
testimony of a given witness or other evidence that would violate the rules of evidence or
other procedural law. That objection proceeding is filed in court to challenge the execution of
a sentence and it is opened by a completely different person who is not involved in the trial
(Third party) as referred in the case of Olga William Mwamyalla(As an Administratix of
the Estate of the late Richard Nehemia Gwau) versus Mgs International (T) Ltd and
another2.
But, we did not only the objection proceeding also we have launched there are another issue
which have been raised to the civil matter that are “objection”.
What is meaning of that objection?
According to Black`s law dictionary is defined that “objection” is process by which one
party takes exception to some statement or procedure. An objection is either sustained
(allowed) or overruled by the judge. If you make a mistake or if you fail to follow the
procedure to open a case or contact the court, then you may face an objection that will lead to
your case being dismissed from the court or completely thrown away without even being
heard what you claim. For instance section 3 of the law of limitation Act3 stated that if you
will late any matter is being dismissed and not struck out.
Furthermore, we stated the objection there are two types of objections such as preliminary
objection and trial objections.
1
[Cap.33.R.E. 2022]
2
Miscellaneous Civil Application No.636 of 2017 (unreported)
3
[Cap.89 R.E.2019]
The preliminary objection is the objection that are raised in the early stages of the case. But
there are conditions, not every argument should be a preliminary objection, don’t object just
object whatever you want.
Also, preliminary objection as it was defined in the case of Mukisa Biscuits Manufacturing
Company Ltd vs. West End Distributors Ltd (1969) EA 696 in which provides for a
definition or what constitutes a preliminary objection, which defines it as
“…a preliminary objection is in the nature of which used to be a demurrer. It raises
a pure point of law which is argued on the assumption that all the facts pleaded by
the other side are correct. It cannot be raised if any fact has to be ascertained or if
what is sought is the exercise of judicial distraction...”
During the person will raise objection must be consider the pure point of law and not adduce
evidence or raise the fact we adopted the case of Mukisa Biscuits Manufacturing Company
Ltd(supra) also there must be to notify the court by the notice of the preliminary objection
we referred in the case of A/S NOREMCO CONSTRUCTION (NOREMCO) VERSUS
DAR ES SALAAM WATER AND SEWERAGE AUTHORITY (DAWASA) 4 this case
stated that; “……..established law that a party should raise its preliminary objection by
giving notice so as not to take the opposite party by surprise”(emphases)
Also when the party is raising that points of objection should be raised at an earliest stage,
depending on the circumstances and the quest to meet ends of justice. Circumstance
considering the fact that the issues raised concerned jurisdiction which the Applicant’s
Counsel admitted that it could be raised at any stage of the matter and the applicant’s locus to
file objection on the subject matter is stated in the case of Olga William Mwamyalla(As an
Administratix of the Estate of the late Richard Nehemia Gwau) versus Mgs
International (T) Ltd and another (supra)
The second is, trial objection is objections raised during the trial proceeding, for instance,
when giving evidence of documents, the law requires the original documents if you bring
shadows (copy) without explaining the reasons (grounds), you must be objected.
Therefore, that above a short brief about objection, even though our question is need to
objection proceeding. Therefore there is something called objection proceeding do not
confuse between objection proceeding and objection.
4
COMMERCIAL CASE N0.47 OF 2009
So that, objection proceeding is filed in court to challenge the execution of a sentence and it
is opened by a completely different person who is not involved in the trial (Third party) to
postpone the attachment of his property which as attached to the sentence was decided by the
court as provided under order XXI rule 57 to rule 62 of the Civil Procedure Code Act5 also
we referred in the case of Sosthenes Bruno and another v Flora Shauri6
But, when toking the objection proceeding there are various type of the objection proceeding
but themselves dealt to under section 48 and order XXI rule 57 to rule 62 of the civil
procedure code (supra)
Furthermore, the purpose of the objection proceeding the third person seeking for the order of
the court to postpone the sale of property which an either is the matrimonial home, the
defendant has not actual own of that property or the thing stated under section 48 of the Civil
Procedure Code7 pending the objection proceedings. For instance the case of Samwel
Olung’algogo and 2 Others Vs Social Action Trust Fund and Others 8 also cited the
Proviso of Section 48(e) of the Civil Procedure Code Cap 33 RE 2002 which restricts
attachment and sale of a matrimonial house.
Therefore, court will make investigation on the claims made by the claimant so that to
recognize whether he was the part of the suit or not as contrary to order XXI rule 57(1) of the
Civil Procedure Code Act9
Even that, we have tried to asked the question themselves how to institution of that
objection proceeding;
Before that, we proceed there have need know categories of case which categories in two
such as “main case” is the foundations of the case and “sub-main case” or misc.
application is the part of the main case which a made by the application that applicant bring
the court help him.
5
[CAP 33 R.E 2022]
6
civil appeal 249 [2022] TZCA 350
7
[Cap.33 R.E.2019]
8
[2005] TLR 349
9
CAP 33 R.E 2019.
Therefore, the objection proceeding as the sub main case or misc. application that institute of
suit by filed the chamber summons supported by affidavit as provided as provided under
Order XLIII Rule 2 of the Civil Procedure Code.10
After that, we think how failed of objection proceedings or what the remedies available
when the case field;
If the court decided that it is not your property, the only way is to go back and file a new
case. You are not allowed to appeal. Therefore, it the court issues an order that affects you
when you were not involved in the case, there are two ways;
First, open a case to oppose (objection proceeding)
Second, if you fail, go back and reopen the case, sue both of those who were arguing in the
case.
We supported the case of Koretha d/o Makoye and Makoye s/o Kintoki versus Amos s/o
Maganga, Misc. Civil Case No. 2 of 2004, High Court at Tabora, Hon. Justice Mujulizi at
page 9 held; “It is dear the order sought to be appealed from in this court is not appeal
able... It was open to the appellant to file a suit in relation to the property”.
Also, in the case of Amour Habib Salum versus Hussein Bafagi, Civil Application No. 76
of 2010, the Court of Appeal nullified the decision of the High Court which had entertained
an appeal from objection proceedings. The court of appeal in that regard held; “The law is
quite dear. An order which is given in a determination of objection proceedings is
conclusive. A party who is aggrieved thereby and intends to pursue the matter further has no
right of appeal The course that is open to him or her is to file a suit to establish the right
he/she claims to the property in dispute”.
In upshot above, that as the concept of the objection proceeding it allowed the third person
which have not the part of the case to open the application for the matter of postponement of
the attachment and sale of the property which have been made attached in the decree in
referred in the case of Hassan Twaibu Ngonyani Vs Tanzania Pipelines Ltd,11 that "in
objection proceedings a person objecting must not be a party to the case”. Also that doctrine
is different to the objection proceeding.
BIBLIOGRAPHY
10
[CAP.33 R. E 2019]
11
Civil Appeal No. 147 of 2008 (HC - Unreported)
STATUTES.
 The civil procedure code [Cap.33.R.E. 2019]

 The law of limitation Act [Cap.89 R.E.2019]
CASE LAW.
 Olga William Mwamyalla(As an Administratix of the Estate of the late Richard

Nehemia Gwau) versus Mgs International (T) Ltd and another Miscellaneous Civil
Application No.636 of 2017 (unreported)
 A/S NOREMCO CONSTRUCTION (NOREMCO) VERSUS DAR ES SALAAM
WATER AND SEWERAGE AUTHORITY (DAWASA) COMMERCIAL CASE
N0.47 OF 2009
 Sosthenes Bruno and another v Flora Shauri civil appeal 249 [2022] TZCA 350
 Mukisa Biscuits Manufacturing Company Ltd vs. West End Distributors Ltd (1969)
EA 696
 Samwel Olung’algogo and 2 Others Vs Social Action Trust Fund and Others [2005]
TLR 349
 Hassan Twaibu Ngonyani Vs Tanzania Pipelines Ltd, Civil Appeal No. 147 of 2008
(HC - Unreported)
 Koretha d/o Makoye and Makoye s/o Kintoki versus Amos s/o Maganga, Misc. Civil
Case No. 2 of 2004, High Court at Tabora
 Amour Habib Salum versus Hussein Bafagi, Civil Application No. 76 of 2010

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Introduction.

What is objection proceeding?

What is meaning of that objection?

First, open a case to oppose (objection proceeding)

 The civil procedure code [Cap.33.R.E. 2019]

 Olga William Mwamyalla(As an Administratix of the Estate of the late Richard

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