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
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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
Legal Issues
- 1 Whether the suit is time barred under the Law of Limitation Act
- 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.
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