20130326 TZHC Arusha

20130326 TZHC Arusha

The suit is time barred as per the Law of Limitation Act; plaintiff failed to plead and prove disability, thus section 16 does not apply.

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

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

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

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

Ratio Decidendi

The suit is time barred as per the Law of Limitation Act; plaintiff failed to plead and prove disability, thus section 16 does not apply.

Court Disposition

suit dismissed

Orders

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