20100916 TZHC Dar es Salaam

20100916 TZHC Dar es Salaam

The suit was time barred as it was filed long after the limitation period for tort claims, and the plaint did not state any grounds for exemption from limitation as required by law. Therefore, the suit must be rejected under Order VII Rule 11(c) of the Civil Procedure Code.

Citation
20100916 TZHC Dar es Salaam
Parties
Plaintiff: Protace Mugondo; Defendants: The Attorney General & Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 2010
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit rejected as time barred
Legal Topics
Limitation of Actions, Jurisdiction, Pleadings, Constitutional Rights
Source Language
English
Civil Procedure Tort Law Constitutional Law Limitation of Actions Jurisdiction Pleadings Constitutional Rights

Case Brief

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Parties

Protace Mugondo

Plaintiff

The Attorney General & Another

Defendants

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the suit was properly instituted by plaint or should have been by petition/originating summons
  3. 3 Whether the court has jurisdiction under the Basic Rights and Duties Enforcement Act

Ratio Decidendi

The suit was time barred as it was filed long after the limitation period for tort claims, and the plaint did not state any grounds for exemption from limitation as required by law. Therefore, the suit must be rejected under Order VII Rule 11(c) of the Civil Procedure Code.

Court Disposition

Suit rejected as time barred

Orders

  • Suit rejected under Order VII Rule 11(c) of the Civil Procedure Code
  • No order as to costs