diamond motors ltd vs zakayo daud mabula another 2001 tzhc 23 10 july 2001

diamond motors ltd vs zakayo daud mabula another 2001 tzhc 23 10 july 2001

The cause of action accrued in March 1995 when the last instalment was due, making the suit within limitation; the issue of endorsement and the role of the second defendant is a factual matter requiring evidence and cannot be determined as a preliminary objection.

Citation
diamond motors ltd vs zakayo daud mabula another 2001 tzhc 23 10 july 2001
Parties
Plaintiff: Diamond Motors Limited; 1st Defendant: Zakayo Daud Mabula t/a Maka Brothers General Enterprises; 2nd Defendant: Col. Dr. Y.D.M. Balele
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2001
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Limitation Period, Validity of Contract, Joinder of Parties, Guarantee
Source Language
English
Contract Law Civil Procedure Limitation Period Validity of Contract Joinder of Parties Guarantee

Case Brief

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Parties

Diamond Motors Limited

Plaintiff

Zakayo Daud Mabula t/a Maka Brothers General Enterprises

1st Defendant

Col. Dr. Y.D.M. Balele

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim is time barred under the law of limitation
  2. 2 Whether the agreement is invalid and illegal for lack of endorsement
  3. 3 Whether the second defendant is wrongly joined as a party

Ratio Decidendi

The cause of action accrued in March 1995 when the last instalment was due, making the suit within limitation; the issue of endorsement and the role of the second defendant is a factual matter requiring evidence and cannot be determined as a preliminary objection.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed; suit to proceed on merits