20170704 TZCA Dar es Salaam 1

20170704 TZCA Dar es Salaam 1

The appellant did not act with due diligence in prosecuting the previous suit, as Government Notice No. 543 of 1997 was in existence before filing; therefore, section 21(1) and (3)(c) of the Law of Limitation Act does not apply, and the suit is time-barred.

Citation
20170704 TZCA Dar es Salaam 1
Parties
Appellant: Eshikaeli N. Makere; Respondent: Tanzania Telecommunications Co. Ltd; Respondent: Consolidated Holding Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 July 2017
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Wrongful Termination, Limitation of Actions, Misjoinder of Parties
Source Language
English
Employment Law Civil Procedure Wrongful Termination Limitation of Actions Misjoinder of Parties

Case Brief

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Parties

Eshikaeli N. Makere

Appellant

Tanzania Telecommunications Co. Ltd

Respondent

Consolidated Holding Corporation

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suit was time-barred under the Law of Limitation Act
  2. 2 Whether section 21(1) and (3)(c) of the Law of Limitation Act applies to exclude time spent prosecuting a previous suit

Ratio Decidendi

The appellant did not act with due diligence in prosecuting the previous suit, as Government Notice No. 543 of 1997 was in existence before filing; therefore, section 21(1) and (3)(c) of the Law of Limitation Act does not apply, and the suit is time-barred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.