assa a kayange vs nic another 2005 tzhc 88 2 december 2005

assa a kayange vs nic another 2005 tzhc 88 2 december 2005

The suit is not time barred as the last payment by the 1st defendant on 13.10.2003 reset the limitation period, and the plaintiff obtained leave to sue as required. Section 35(3) of the Bankruptcy Ordinance does not require an affidavit before joining the Official Receiver. The preliminary objections lack merit and are dismissed.

Citation
assa a kayange vs nic another 2005 tzhc 88 2 december 2005
Parties
Plaintiff: Assa A. Kayange; 1st Defendant: The N.I.C; 2nd Defendant: The PSRC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2005
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Preliminary Objection, Limitation of Actions, Joinder of Parties, Leave to Sue Official Receiver
Source Language
English
Civil Procedure Insurance Law Bankruptcy Preliminary Objection Limitation of Actions Joinder of Parties Leave to Sue Official Receiver

Case Brief

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Parties

Assa A. Kayange

Plaintiff

The N.I.C

1st Defendant

The PSRC

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is bad in law for non-compliance with Section 9 of the Bankruptcy Ordinance
  2. 2 Whether the suit is time barred under the Law of Limitation Act, 1971
  3. 3 Whether the plaintiff failed to comply with Section 35(3) of the Bankruptcy Ordinance in joining the 2nd defendant

Ratio Decidendi

The suit is not time barred as the last payment by the 1st defendant on 13.10.2003 reset the limitation period, and the plaintiff obtained leave to sue as required. Section 35(3) of the Bankruptcy Ordinance does not require an affidavit before joining the Official Receiver. The preliminary objections lack merit and are dismissed.

Court Disposition

Preliminary objections dismissed

Orders

  • Each party to bear its own costs