edna john mgeni vs national bank of commerce limited others 2015 tzhccomd 22 6 november 2015

edna john mgeni vs national bank of commerce limited others 2015 tzhccomd 22 6 november 2015

The counterclaim is time barred as the cause of action arose between 2006 and 2009, and the counterclaim was filed in 2015, exceeding the six-year limitation period prescribed by law.

Citation
edna john mgeni vs national bank of commerce limited others 2015 tzhccomd 22 6 november 2015
Parties
Plaintiff/counter Claimant: Edna John Mgeni; 1st Defendant/counter Claim Respondent: National Bank of Commerce Limited; 2nd Defendant/counter Claim Respondent: Mbeya Cement Co. Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
6 November 2015
Procedural Posture
Commercial Case / Ruling on Preliminary Objections to Counterclaim
Outcome
Counterclaim dismissed as time barred
Legal Topics
Limitation of Actions, Counterclaims, Summary Procedure, Contract Law
Source Language
English
Civil Procedure Commercial Law Limitation of Actions Counterclaims Summary Procedure Contract Law

Case Brief

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Parties

Edna John Mgeni

Plaintiff/counter Claimant

National Bank of Commerce Limited

1st Defendant/counter Claim Respondent

Mbeya Cement Co. Limited

2nd Defendant/counter Claim Respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objections to Counterclaim

Legal Issues

  1. 1 Whether the counterclaim is time barred
  2. 2 Whether the counterclaim is incompetent for noncompliance with procedure
  3. 3 Whether the counterclaim discloses a cause of action

Ratio Decidendi

The counterclaim is time barred as the cause of action arose between 2006 and 2009, and the counterclaim was filed in 2015, exceeding the six-year limitation period prescribed by law.

Court Disposition

Counterclaim dismissed as time barred

Orders

  • Counterclaim against NBC and Mbeya Cement dismissed
  • No order as to costs