Eston Yawela vs Kalikenye Nusulipia (Civil Appeal No. 26 of 1998) [2000] TZHC 619 (9 November 2000)

• , • I -A-1'--r-rD QM~ vUvl,,Ll::) Pa-A IN THE HIGH COURI' OF TANZANIA AT.MBEYA • _ V _ - APPL.. IN CIVIL APPEAL NO. 26 OF 1998 : ' ESTO YAWELA. o ••• • • ••••••••••••••••••• APPELLANT VER,US KALIKENYE NUSULlJPIAo o c, • o o • • o e • o o o • • o • RESPONDENT RULING This ruling follows a preliminary objection filed by the appli,an~ _ .··""<., .• _,/ ressisting the order of this court of refusing to have one Simon Mwalembr proceed to attend to court representing the applicant. The applioant is seeing an order to allow Mre _Mwalemba to continue representing him in this casee The respondent has objected to this stating that the applomt should . •' appeal against the said order if he is not satisified. I agree with him this court cannot issue to different ordt:;rs on one issue as I am not sitting as an appellant court to rule on thato The preliminary·· objection is accordingly dismissed. The applicruit may appeal to the court of Appeal after being granted leave to do so until that isoone hearing of the matter can proceed on a date to be fixed later 0 It is so ordered. Date: 9/11/i!OOO . /'.:, ~ ) ·- '\ ·,. -~. S.A.N.·· wAf'1BURA PRINCIPAL RESIDiliT MAGISTRATE (EJ) 8/11/2000 Coram: S.A.N. Wambura - PWi (:&J) Applicant: ) Respondent:) Both present in person B/C Mathias/Salome Court: ··Ruling delivered in ·open che,mber this 9th day of Nov8rih8r at the presence of both parties. .S.__A.N .. Wti.MBURJ-\ PRINCIPAL RESIDENT MAGISTRATE (EJ) 9/11/2000