eric maswanya vs commercial bank of africa tanzania limited and others 2020 tzhc 2161 20 february 2020

eric maswanya vs commercial bank of africa tanzania limited and others 2020 tzhc 2161 20 february 2020

The computation of time for making an application to join a legal representative in a suit is reckoned from the date of death of the plaintiff, not from the date of appointment of the administrator of estate. The application in this case was out of time and the suit is abated.

Citation
eric maswanya vs commercial bank of africa tanzania limited and others 2020 tzhc 2161 20 february 2020
Parties
Plaintiff: Erica Maswanya; 1st Defendant: Commercial Bank of Africa Tanzania Ltd; 2nd Defendant: Euphracie Mathew Rimisho t/a Emar Provision Store; 3rd Defendant: Anthony Thomas Msangya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 February 2020
Procedural Posture
Land Case / Ruling on Application to Join Legal Representative After Plaintiff's Death
Outcome
Suit abated against the plaintiff.
Legal Topics
Abatement of Suit, Joinder of Legal Representative, Computation of Limitation Period
Source Language
English
Civil Procedure Limitation Law Abatement of Suit Joinder of Legal Representative Computation of Limitation Period

Case Brief

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Parties

Erica Maswanya

Plaintiff

Commercial Bank of Africa Tanzania Ltd

1st Defendant

Euphracie Mathew Rimisho t/a Emar Provision Store

2nd Defendant

Anthony Thomas Msangya

3rd Defendant

Procedural Posture

Land Case / Ruling on Application to Join Legal Representative After Plaintiff's Death

Legal Issues

  1. 1 Whether the computation of time for joining a legal representative is reckoned from the date of death or the date of appointment of administrator of estate

Ratio Decidendi

The computation of time for making an application to join a legal representative in a suit is reckoned from the date of death of the plaintiff, not from the date of appointment of the administrator of estate. The application in this case was out of time and the suit is abated.

Court Disposition

Suit abated against the plaintiff.

Orders

  • Present suit is marked as abated against the plaintiff.
  • Right of appeal to Court of Appeal of Tanzania explained.