richard d surera vs tanesco others 2008 tzhc 70 29 may 2008

richard d surera vs tanesco others 2008 tzhc 70 29 may 2008

The question of whether the plaintiff is the legal occupier of the affected land is a factual issue in dispute, and thus the limitation issue cannot be resolved at the preliminary objection stage.

Citation
richard d surera vs tanesco others 2008 tzhc 70 29 may 2008
Parties
Plaintiff/respondent: Richard Surera; 1st Defendant/objector: TANESCO; 2nd Defendant/objector: Principal Secretary Ministry of Land; 3rd Defendant/objector: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Limitation of Actions, Trespass to Land, Cause of Action
Source Language
English
Civil Procedure Land Law Tort Law Limitation of Actions Trespass to Land Cause of Action

Case Brief

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Parties

Richard Surera

Plaintiff/respondent

TANESCO

1st Defendant/objector

Principal Secretary Ministry of Land

2nd Defendant/objector

Attorney General

3rd Defendant/objector

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaintiff has a cause of action against the defendants

Ratio Decidendi

The question of whether the plaintiff is the legal occupier of the affected land is a factual issue in dispute, and thus the limitation issue cannot be resolved at the preliminary objection stage.

Court Disposition

Preliminary objection dismissed

Orders

  • Costs to be in the cause
  • Case file and judgment forwarded to the District Registrar HC Mwanza for delivery of the ruling to the parties