19910716 TZHC Tabora

The claim was time-barred as it was instituted after the prescribed 12-year limitation period, and no sufficient cause supported by evidence was shown to justify extension.

Citation: 19910716 TZHC Tabora
Parties: Appellant: Applicant/Plaintiff; Respondent: Respondent
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 July 1991
Procedural Posture: Civil Appeal / Appeal From Dismissal of Suit by Primary Court, Confirmed by District Court
Outcome: appeal dismissed
Legal Topics: Limitation of Actions, Recovery of Land
Source Language: English

Civil Procedure Land Law Limitation of Actions Recovery of Land

Case Brief

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Parties

Applicant/Plaintiff

Appellant

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Suit by Primary Court, Confirmed by District Court

Legal Issues

1 Whether the suit for recovery of land was time-barred under the applicable limitation period
2 Whether sufficient cause was shown to admit the claim beyond the limitation period

Ratio Decidendi

The claim was time-barred as it was instituted after the prescribed 12-year limitation period, and no sufficient cause supported by evidence was shown to justify extension.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs