ali shabani others vs tanzania national roads agency tanroads another 2021 tzca 243 10 june 2021
The preliminary objection on limitation was properly sustained as it was a pure point of law determinable from the pleadings; the appellants did not specifically plead any grounds for exemption from limitation, and negotiations or partial compensation do not suspend or extend the limitation period under the applicable law.
- Citation
- ali shabani others vs tanzania national roads agency tanroads another 2021 tzca 243 10 june 2021
- Parties
- Appellant: Ali Shabani and 48 Others; 1st Respondent: Tanzania National Roads Agency (TANROADS); 2nd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 June 2021
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Limitation of Actions, Compensation for Compulsory Acquisition, Preliminary Objection, Pleading Exemptions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ali Shabani and 48 Others
Appellant
Tanzania National Roads Agency (TANROADS)
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the preliminary objection on limitation was a pure point of law
- 2 Whether the appellants sufficiently pleaded grounds for exemption from limitation period
Ratio Decidendi
The preliminary objection on limitation was properly sustained as it was a pure point of law determinable from the pleadings; the appellants did not specifically plead any grounds for exemption from limitation, and negotiations or partial compensation do not suspend or extend the limitation period under the applicable law.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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