Albin Macturu Seiya

Albin Macturu Seiya

The cause of action accrued in 2023 upon revocation of plaintiff's title, not in 2011; therefore, the suit is within the limitation period and not time barred.

Citation
Albin Macturu Seiya
Parties
Plaintiff: Albin Macturu Seiya; 1st Defendant: The Assistant Commissioner of Land for Morogoro; 2nd Defendant: The Assistant Registrar of Titles of Morogoro Zone; 3rd Defendant: Morogoro Municipal Council; 4th Defendant: Attorney General; 5th Defendant: Anjelina John Lyimo (as Administratrix of the estate of the late John Edmund Lyimo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Limitation of Actions, Declaratory Relief, Revocation of Title
Source Language
English
Land Law Civil Procedure Limitation of Actions Declaratory Relief Revocation of Title

Case Brief

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Parties

Albin Macturu Seiya

Plaintiff

The Assistant Commissioner of Land for Morogoro

1st Defendant

The Assistant Registrar of Titles of Morogoro Zone

2nd Defendant

Morogoro Municipal Council

3rd Defendant

Attorney General

4th Defendant

Anjelina John Lyimo (as Administratrix of the estate of the late John Edmund Lyimo)

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act for declaratory orders

Ratio Decidendi

The cause of action accrued in 2023 upon revocation of plaintiff's title, not in 2011; therefore, the suit is within the limitation period and not time barred.

Court Disposition

Preliminary objection dismissed

Orders

  • Suit and declaratory reliefs are within time
  • No order as to costs