acces microfinance bank t ltd vs prosper paul massawe 2 others 2022 tzhccomd 143 25 may 2022

acces microfinance bank t ltd vs prosper paul massawe 2 others 2022 tzhccomd 143 25 may 2022

The counter claim was filed nine years after the cause of action accrued, exceeding the statutory six-year limitation for contractual claims. No statutory provision allows automatic exclusion of time for pursuing another case in these circumstances. The plea of limitation is a pure point of law and does not require...

Source-derived case information.

Citation
acces microfinance bank t ltd vs prosper paul massawe 2 others 2022 tzhccomd 143 25 may 2022
Parties
Plaintiff: ACCES MICROFINANCE BANK TANZANIA LIMITED; 1st Defendant / Plaintiff to Counter Claim: Prosper Paul Massawe; 2nd Defendant: Hilda John Mushi; 3rd Defendant: Wilerick Paul Massawe
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 May 2022
Procedural Posture
Commercial Case / Ruling on Preliminary Objections to Counter Claim
Outcome
Counter claim dismissed as time barred with costs.
Legal Topics
Limitation of Actions, Preliminary Objection, Counter Claim, Contract Law
Source Language
english
Civil Procedure Commercial Law Limitation of Actions Preliminary Objection Counter Claim Contract Law

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Parties

ACCES MICROFINANCE BANK TANZANIA LIMITED

Plaintiff

Prosper Paul Massawe

1st Defendant / Plaintiff to Counter Claim

Hilda John Mushi

2nd Defendant

Wilerick Paul Massawe

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections to Counter Claim

Legal Issues

  1. 1 Whether the counter claim is time barred under the Law of Limitation Act
  2. 2 Whether the counter claim was improperly instituted as a matter already adjudicated

Ratio Decidendi

The counter claim was filed nine years after the cause of action accrued, exceeding the statutory six-year limitation for contractual claims. No statutory provision allows automatic exclusion of time for pursuing another case in these circumstances. The plea of limitation is a pure point of law and does not require further evidence.

Court Disposition

Counter claim dismissed as time barred with costs.

Orders

  • Counter claim dismissed with costs.