20140521 TZHC Mbeya

20140521 TZHC Mbeya

The suit was filed within the prescribed limitation period and notice was properly served to the defendant as required by law; therefore, the preliminary objections are overruled.

Citation
20140521 TZHC Mbeya
Parties
Plaintiff: Joseph Ngao; Defendant: Sungusia Tenga; Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 May 2014
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled; suit to proceed on merits.
Legal Topics
Limitation of Actions, Government Proceedings, Service of Notice
Source Language
English

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Ngao

Plaintiff

Sungusia Tenga

Defendant

The Attorney General

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit is incompetent for contravening the Government Proceedings Act regarding notice

Ratio Decidendi

The suit was filed within the prescribed limitation period and notice was properly served to the defendant as required by law; therefore, the preliminary objections are overruled.

Court Disposition

Preliminary objections overruled; suit to proceed on merits.

Orders

  • Matter to be heard and determined on its merits.
  • Costs to follow events.