20190215 TZHC Dar es Salaam

20190215 TZHC Dar es Salaam

The plaintiff pleaded and substantiated disability in the plaint, and the period of disability is excluded from the computation of limitation, making the suit filed within time.

Citation
20190215 TZHC Dar es Salaam
Parties
Plaintiff: Baraka Bill Ruta; 1st Defendant: Steven S. Ulomi; 2nd Defendant: Valentino Longino Mlowola; 3rd Defendant: Insurance Group of Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2019
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Limitation of Actions, Disability and Limitation, Negligence, Pleading Requirements
Source Language
English
Civil Procedure Tort Law Limitation of Actions Disability and Limitation Negligence Pleading Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Baraka Bill Ruta

Plaintiff

Steven S. Ulomi

1st Defendant

Valentino Longino Mlowola

2nd Defendant

Insurance Group of Tanzania Limited

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 due to the period elapsed since the cause of action
  2. 2 Whether the plaintiff's disability excludes the computation of limitation period

Ratio Decidendi

The plaintiff pleaded and substantiated disability in the plaint, and the period of disability is excluded from the computation of limitation, making the suit filed within time.

Court Disposition

Preliminary objection overruled

Orders

  • Plaintiff to file amended plaint by 22.2.2019
  • 1st Pre-Trial Conference on 9.4.2019