lindi express ltd vs infinite estate limited 2021 tzhccomd 3313 13 august 2021

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
Contract Law Civil Procedure Limitation of Actions Breach of Lease Agreement Continuing Breach

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Parties

Lindi Express Ltd

Plaintiff

Infinite Estate Limited

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

  1. 1 Whether the suit is time-barred under the Law of Limitation Act
  2. 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.