20121210 TZHC Dar es Salaam1

20121210 TZHC Dar es Salaam1

The cause of action arose in 2006 when the Plaintiff's peaceful occupation was interfered with, thus the suit filed in 2008 was within the limitation period.

Citation
20121210 TZHC Dar es Salaam1
Parties
Plaintiff: Kilamia David Mlang'a; 1st Defendant: Gulamhussein Rhemtulia Jivraj; 2nd Defendant: Abdulsultan Gulamhussein Rhemtulia Jivraj; 3rd Defendant: Nurdin Gulamhussein Rhemtulia Jivraj; 4th Defendant: Amirali Gulamhussein Rhemtulia Jivraj; 5th Defendant: Mohamed Gulamhussein Rhemtulia Jivraj
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2012
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary Objection overruled
Legal Topics
Limitation of Actions, Cause of Action, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Cause of Action Preliminary Objection

Case Brief

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Parties

Kilamia David Mlang'a

Plaintiff

Gulamhussein Rhemtulia Jivraj

1st Defendant

Abdulsultan Gulamhussein Rhemtulia Jivraj

2nd Defendant

Nurdin Gulamhussein Rhemtulia Jivraj

3rd Defendant

Amirali Gulamhussein Rhemtulia Jivraj

4th Defendant

Mohamed Gulamhussein Rhemtulia Jivraj

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit was filed within the prescribed limitation period

Ratio Decidendi

The cause of action arose in 2006 when the Plaintiff's peaceful occupation was interfered with, thus the suit filed in 2008 was within the limitation period.

Court Disposition

Preliminary Objection overruled

Orders

  • Costs to follow events
  • 1st PTC on 15/4/2013