36

36

The suit is not solely based on trespass but also involves ownership and recovery of land, as evidenced by the reliefs sought and the issuance of certificates of title. Therefore, the limitation period for tort does not apply, and the preliminary objection on limitation is without merit.

Citation
36
Parties
1st Plaintiff: Sijali Simon Mwangonela (The Administrator of Estate of the Late Simon Mwangonela); 2nd Plaintiff: Amon Masika Ntole (The Administrator of Estate of the Late Elizabeth M. Mwangonela); 1st Defendant: Lucy Mpiluka; 2nd Defendant: Telezia Julius Makombe; 3rd Defendant: Elizabeth Julius Makombe; 4th Defendant: Mbeya District Council; 5th Defendant: The Commissioner for Lands; 6th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 May 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Limitation of Actions, Trespass to Land, Ownership Disputes, Preliminary Objection
Source Language
English
Land Law Civil Procedure Limitation of Actions Trespass to Land Ownership Disputes Preliminary Objection

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Parties

Sijali Simon Mwangonela (The Administrator of Estate of the Late Simon Mwangonela)

1st Plaintiff

Amon Masika Ntole (The Administrator of Estate of the Late Elizabeth M. Mwangonela)

2nd Plaintiff

Lucy Mpiluka

1st Defendant

Telezia Julius Makombe

2nd Defendant

Elizabeth Julius Makombe

3rd Defendant

Mbeya District Council

4th Defendant

The Commissioner for Lands

5th Defendant

The Attorney General

6th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time-barred as a claim for trespass under the Law of Limitation Act
  2. 2 Whether the cause of action is trespass or recovery of land/ownership

Ratio Decidendi

The suit is not solely based on trespass but also involves ownership and recovery of land, as evidenced by the reliefs sought and the issuance of certificates of title. Therefore, the limitation period for tort does not apply, and the preliminary objection on limitation is without merit.

Court Disposition

Preliminary Objection dismissed

Orders

  • Preliminary Objection dismissed in its entirety
  • No order as to costs