ATHANAS CELESTINE KAIJI

ATHANAS CELESTINE KAIJI

The cause of action for compensation arose on 3rd December, 2022 when the defendant completed verification and posted the amount to be compensated. The suit filed on 22nd February, 2024 was filed more than one year after the cause of action arose and is therefore time-barred under the Law of Limitation Act. Negotiations or correspondence after the cause of action do not extend or suspend the limitation period.

Citation
ATHANAS CELESTINE KAIJI
Parties
Plaintiff: Athanas Celestine Kadi alias known as Kadi Celestine Athanas; 1st Defendant: Tembo Nickel Corporation Limited; 2nd Defendant: Trace Associates Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 January 2025
Procedural Posture
Land Case / Ruling on Preliminary Point of Law (limitation of Action)
Outcome
Suit dismissed as time-barred
Legal Topics
Limitation of Actions, Compensation for Compulsory Acquisition, Pleadings
Source Language
English
Land Law Civil Procedure Limitation of Actions Compensation for Compulsory Acquisition Pleadings

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Parties

Athanas Celestine Kadi alias known as Kadi Celestine Athanas

Plaintiff

Tembo Nickel Corporation Limited

1st Defendant

Trace Associates Limited

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Point of Law (limitation of Action)

Legal Issues

  1. 1 Whether the suit for compensation was filed within the prescribed limitation period
  2. 2 Whether the plaint disclosed when the cause of action arose

Ratio Decidendi

The cause of action for compensation arose on 3rd December, 2022 when the defendant completed verification and posted the amount to be compensated. The suit filed on 22nd February, 2024 was filed more than one year after the cause of action arose and is therefore time-barred under the Law of Limitation Act. Negotiations or correspondence after the cause of action do not extend or suspend the limitation period.

Court Disposition

Suit dismissed as time-barred

Orders

  • Suit dismissed pursuant to section 3(1) of the Law of Limitation Act [Cap.89 R.E. 2019]
  • No order as to costs