jane kimaro vs thadeus simon mwakilema 2022 tzhclandd 12520 12 october 2022

jane kimaro vs thadeus simon mwakilema 2022 tzhclandd 12520 12 october 2022

The suit is res judicata against the 2nd defendant as the same subject matter was finalized by the Court of Appeal in Civil Appeal No. 212 of 2016 between the same parties. The suit is time barred against the 1st, 3rd, and 4th defendants as the cause of action arose more than 12 years before the suit was instituted, contrary to the Law of Limitation Act.

Citation
jane kimaro vs thadeus simon mwakilema 2022 tzhclandd 12520 12 october 2022
Parties
Plaintiff: Jane Kimaro; 1st Defendant: Thadeus Simon Mwakilema; 2nd Defendant: Vicky Adili (Administrator of the Estate of the late Adili Daniel Mande); 3rd Defendant: The Commissioner for Lands, Ministry of Lands, Housing & Human Settlements Development; 4th Defendant: The Attorney General of the United Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 October 2022
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Res Judicata, Limitation of Actions, Preliminary Objection
Source Language
English
Civil Procedure Land Law Res Judicata Limitation of Actions Preliminary Objection

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 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jane Kimaro

Plaintiff

Thadeus Simon Mwakilema

1st Defendant

Vicky Adili (Administrator of the Estate of the late Adili Daniel Mande)

2nd Defendant

The Commissioner for Lands, Ministry of Lands, Housing & Human Settlements Development

3rd Defendant

The Attorney General of the United Republic of Tanzania

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is res judicata against the 2nd defendant
  2. 2 Whether the suit is time barred against the 1st, 3rd, and 4th defendants

Ratio Decidendi

The suit is res judicata against the 2nd defendant as the same subject matter was finalized by the Court of Appeal in Civil Appeal No. 212 of 2016 between the same parties. The suit is time barred against the 1st, 3rd, and 4th defendants as the cause of action arose more than 12 years before the suit was instituted, contrary to the Law of Limitation Act.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed as res judicata against the 2nd defendant
  • Suit dismissed as time barred against the 1st, 3rd, and 4th defendants