felician mhinga vs patrick paul mamkwe another 2012 tzhc 109 15 june 2012

felician mhinga vs patrick paul mamkwe another 2012 tzhc 109 15 june 2012

The trial chairman erred by assuming the date of the cause of action and dismissing the application as time barred when the pleadings did not disclose when the cause of action arose; the proper course was to strike out the application to allow amendment and refiling.

Citation
felician mhinga vs patrick paul mamkwe another 2012 tzhc 109 15 june 2012
Parties
Appellant: FELICIAN MHINGA; Respondent: PATRICK PAUL MAMKWE; Respondent: MWANZA CITY COUNCIL
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 June 2012
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Pleadings, Striking Out Applications, Allocation of Land, Compensation for Improvements
Source Language
English
Land Law Civil Procedure Limitation of Actions Pleadings Striking Out Applications Allocation of Land Compensation for Improvements

Case Brief

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Parties

FELICIAN MHINGA

Appellant

PATRICK PAUL MAMKWE

Respondent

MWANZA CITY COUNCIL

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the application was time barred under the Law of Limitation Act
  2. 2 Whether the trial tribunal erred in dismissing the application instead of striking it out for defective pleadings

Ratio Decidendi

The trial chairman erred by assuming the date of the cause of action and dismissing the application as time barred when the pleadings did not disclose when the cause of action arose; the proper course was to strike out the application to allow amendment and refiling.

Court Disposition

Appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal quashed
  • All orders of the Tribunal set aside