isaack and sons co ltd vs north mara goldmine ltd 2021 tzhccomd 3290 28 july 2021

The cause of action accrued when the Plaintiff became aware of the relevant information through TEITI reports in November 2015, not when the alleged breach occurred, making the claims timely and not time-barred.

Source-derived case information.

Citation: isaack and sons co ltd vs north mara goldmine ltd 2021 tzhccomd 3290 28 july 2021
Parties: Plaintiff: Isaack & Sons Co. Ltd; Defendant: North Mara Gold Mine Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 28 July 2021
Procedural Posture: Commercial Case / Ruling on Preliminary Objection
Outcome: Preliminary objection dismissed with costs to the Plaintiff.
Legal Topics: Limitation of Actions, Breach of Contract, Revenue Royalties, Disclosure of Information
Source Language: english

Contract Law Mining Law Civil Procedure Limitation of Actions Breach of Contract Revenue Royalties Disclosure of Information

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Isaack & Sons Co. Ltd

Plaintiff

North Mara Gold Mine Ltd

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the Plaintiff's claims in paragraphs 11 and 12 of the Plaint are time-barred under the Law of Limitation Act
2 Whether the cause of action accrued when information was made available to the Plaintiff

Ratio Decidendi

Court Disposition

Preliminary objection dismissed with costs to the Plaintiff.

Orders

Preliminary objection raised by the Defendant is dismissed with costs to the Plaintiff.
Parties are to proceed to the next stage of hearing as scheduled by the Court.

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