lindi express ltd vs infinite estate limited 2021 tzhccomd 3313 13 august 2021
The suit was filed within the limitation period because the breach was continuous and the cause of action accrued upon termination of the lease relationship; section 7 of the Law of Limitation Act applies.
Source-derived case information.
- Citation
- lindi express ltd vs infinite estate limited 2021 tzhccomd 3313 13 august 2021
- Parties
- Plaintiff: Lindi Express Ltd; Defendant: Infinite Estate Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 13 August 2021
- Procedural Posture
- Commercial Case / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled; suit to proceed to hearing.
- Legal Topics
- Limitation of Actions, Breach of Lease Agreement, Continuing Breach
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lindi Express Ltd
Plaintiff
Infinite Estate Limited
Defendant
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time-barred under the Law of Limitation Act
- 2 Whether the breach alleged constitutes a continuing breach
Ratio Decidendi
The suit was filed within the limitation period because the breach was continuous and the cause of action accrued upon termination of the lease relationship; section 7 of the Law of Limitation Act applies.
Court Disposition
Preliminary objection overruled; suit to proceed to hearing.
Orders
- Preliminary objection overruled with costs to the Plaintiff.
- Suit to proceed to its next stage of hearing as scheduled by the Court.
Full Case Text
Judgment text and source record
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