arbiter tanzania ltd vs the national examination council of tanzania 2 others 2023 tzhc 18838 30 june 2023

arbiter tanzania ltd vs the national examination council of tanzania 2 others 2023 tzhc 18838 30 june 2023

The suit is time barred as it was filed almost ten years after the contract was concluded, exceeding the statutory six-year limitation period. Negotiations and communications after contract conclusion do not stop the limitation period from running. There was no pleading of continuing breach in the plaint.

Citation
arbiter tanzania ltd vs the national examination council of tanzania 2 others 2023 tzhc 18838 30 june 2023
Parties
Plaintiff: Arbiter Tanzania Limited; 1st Defendant: The National Examinations Council of Tanzania; 2nd Defendant: Tanzania Building Agency; 3rd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2023
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Breach of Contract, Preliminary Objection, Notice Requirements
Source Language
English
Civil Procedure Contract Law Government Proceedings Limitation of Actions Breach of Contract Preliminary Objection Notice Requirements

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Parties

Arbiter Tanzania Limited

Plaintiff

The National Examinations Council of Tanzania

1st Defendant

Tanzania Building Agency

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit contravenes Section 6(2) and (3) of the Government Proceedings Act regarding notice requirements

Ratio Decidendi

The suit is time barred as it was filed almost ten years after the contract was concluded, exceeding the statutory six-year limitation period. Negotiations and communications after contract conclusion do not stop the limitation period from running. There was no pleading of continuing breach in the plaint.

Court Disposition

Suit dismissed as time barred

Orders

  • Suit dismissed forthwith and without costs