dr iddiphone alphonce and others vsjoseph mponda and others 2020 tzhclandd 3879 4 december 2020

dr iddiphone alphonce and others vsjoseph mponda and others 2020 tzhclandd 3879 4 december 2020

The claim for compensation is time barred under the Law of Limitation Act, and the suit is incompetent for non-joinder of necessary parties (Kinondoni Municipal Council and Commissioner for Lands), without whom the dispute cannot be resolved.

Citation
dr iddiphone alphonce and others vsjoseph mponda and others 2020 tzhclandd 3879 4 december 2020
Parties
Plaintiff: Dr. Iddiphonce Alphonce; Plaintiff: Dr. Gerald Yubaha; Plaintiff: Theresia Emmanuel (as administratrix of the estate of Dionis Stephano Huma); Defendant: Joseph Mponda; Defendant: Athuman Mnubi; Defendant: Yakobo Pius; Defendant: Charles Mlawa; Defendant: Aloyce Isaak Ngowi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 December 2020
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for incompetence; claim for compensation dismissed for being time barred.
Legal Topics
Time Limitation, Non Joinder of Necessary Parties, Ownership of Land, Compensation, Misjoinder of Parties
Source Language
English
Land Law Civil Procedure Time Limitation Non Joinder of Necessary Parties Ownership of Land Compensation Misjoinder of Parties

Case Brief

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Parties

Dr. Iddiphonce Alphonce

Plaintiff

Dr. Gerald Yubaha

Plaintiff

Theresia Emmanuel (as administratrix of the estate of Dionis Stephano Huma)

Plaintiff

Joseph Mponda

Defendant

Athuman Mnubi

Defendant

Yakobo Pius

Defendant

Charles Mlawa

Defendant

Aloyce Isaak Ngowi

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the claim for compensation is time barred
  2. 2 Whether the suit is incompetent for non-joinder of necessary parties
  3. 3 Whether the suit is bad for misjoinder of parties and causes of action

Ratio Decidendi

The claim for compensation is time barred under the Law of Limitation Act, and the suit is incompetent for non-joinder of necessary parties (Kinondoni Municipal Council and Commissioner for Lands), without whom the dispute cannot be resolved.

Court Disposition

Suit struck out for incompetence; claim for compensation dismissed for being time barred.

Orders

  • Suit struck out except for compensation claim, which is dismissed for being time barred.
  • Costs awarded to defendants.