19770601 TZHC Arusha

19770601 TZHC Arusha

The suit was governed by Customary Law and the period of limitation did not apply; the plaintiff had otherwise proved his claim.

Citation
19770601 TZHC Arusha
Parties
Appellant: BTRA QAMARA; Respondent: SAMAKU MALASI
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 June 1977
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Limitation Period, Recovery of Property, Customary Transactions
Source Language
English
Civil Law Customary Law Limitation Period Recovery of Property Customary Transactions

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

BTRA QAMARA

Appellant

SAMAKU MALASI

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suit was time barred under the law of limitation
  2. 2 Whether the transaction was governed by Customary Law

Ratio Decidendi

The suit was governed by Customary Law and the period of limitation did not apply; the plaintiff had otherwise proved his claim.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs