italfood limited vs attorney general zanzibar others 2016 tzhc 2280 23 august 2016

italfood limited vs attorney general zanzibar others 2016 tzhc 2280 23 august 2016

The suit is time barred as it was filed outside the prescribed limitation period of six years for compensation for breach of contract, which began to run from the date of revocation of the lease and project approval in 2004. The plaintiff, being a lessee and not the owner, cannot rely on the 12-year limitation for recovery of land. The trespass was not continuing, as the plaintiff was completely dispossessed by 2005. The preliminary objection on limitation is sustained and the suit is dismissed with costs.

Citation
italfood limited vs attorney general zanzibar others 2016 tzhc 2280 23 august 2016
Parties
Plaintiff: Italfood Limited; 1st Defendant: The Attorney General Zanzibar; 2nd Defendant: The Director General Zanzibar Investment Promotion Authority; 3rd Defendant: Baraza Company Limited; 4th Defendant: Baraza Trust Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 August 2016
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Locus Standi, Government Proceedings, Trespass to Land, Lease Agreements, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Contract Law Constitutional Law Limitation of Actions Locus Standi Government Proceedings Trespass to Land +3 more

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Parties

Italfood Limited

Plaintiff

The Attorney General Zanzibar

1st Defendant

The Director General Zanzibar Investment Promotion Authority

2nd Defendant

Baraza Company Limited

3rd Defendant

Baraza Trust Limited

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Limitation Decree, Cap 12 of Zanzibar
  2. 2 Whether the suit is barred for non-compliance with the Government Proceedings Act No. 3/2010
  3. 3 Whether the plaintiff has locus standi

Ratio Decidendi

The suit is time barred as it was filed outside the prescribed limitation period of six years for compensation for breach of contract, which began to run from the date of revocation of the lease and project approval in 2004. The plaintiff, being a lessee and not the owner, cannot rely on the 12-year limitation for recovery of land. The trespass was not continuing, as the plaintiff was completely dispossessed by 2005. The preliminary objection on limitation is sustained and the suit is dismissed with costs.

Court Disposition

Suit dismissed as time barred

Orders

  • The suit is dismissed with costs under Section 3(1) of the Limitation Decree, Cap 12 of the Laws of Zanzibar.