20130326 TZHC Arusha

20130326 TZHC Arusha

The suit is time barred as it was filed beyond the statutory period and the plaintiff failed to plead and prove disability; section 16 of the Law of Limitation Act does not apply.

Citation
20130326 TZHC Arusha
Parties
Plaintiff: Hussein Ally; Defendant: Strategic Grain Reserve; Defendant: Ministry for Agriculture; Defendant: Attorney General of the United Republic of Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 2013
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred.
Legal Topics
Limitation of Actions, Malicious Prosecution
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hussein Ally

Plaintiff

Strategic Grain Reserve

Defendant

Ministry for Agriculture

Defendant

Attorney General of the United Republic of Tanzania

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaintiff's alleged disability excludes the period from limitation

Ratio Decidendi

The suit is time barred as it was filed beyond the statutory period and the plaintiff failed to plead and prove disability; section 16 of the Law of Limitation Act does not apply.

Court Disposition

Suit dismissed as time barred.

Orders

  • Suit dismissed under section 3(1) of the Law of Limitation Act, CAP. 89 R.E. 2002.
  • No order as to costs.