mtambo vs roussous and others 2005 tzhc 34 25 july 2005

mtambo vs roussous and others 2005 tzhc 34 25 july 2005

The suit was filed more than two years after the expiry of the six-month limitation period prescribed for actions by administrators of deceased estates, without obtaining an extension; therefore, the suit is time barred and must be dismissed.

Citation
mtambo vs roussous and others 2005 tzhc 34 25 july 2005
Parties
Plaintiff: Juma Shamte Mtambo; 1st Defendant: John Roussous; 2nd Defendant: National Insurance Corporation (NIC); 3rd Defendant: Presidential Parastatal Sector Reform Commission (PSRC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2005
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Fatal Accidents, Locus Standi, Cause of Action
Source Language
English
Civil Procedure Tort Law Succession Law Limitation of Actions Fatal Accidents Locus Standi Cause of Action

Case Brief

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Parties

Juma Shamte Mtambo

Plaintiff

John Roussous

1st Defendant

National Insurance Corporation (NIC)

2nd Defendant

Presidential Parastatal Sector Reform Commission (PSRC)

3rd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the plaint discloses a cause of action
  3. 3 Whether the plaintiff has locus standi to sue the second defendant

Ratio Decidendi

The suit was filed more than two years after the expiry of the six-month limitation period prescribed for actions by administrators of deceased estates, without obtaining an extension; therefore, the suit is time barred and must be dismissed.

Court Disposition

Suit dismissed as time barred

Orders

  • Suit dismissed pursuant to Section 3(1), Law of Limitation Act
  • No order as to costs