lucy range vs samwel meshack mollel others 2018 tzhclandd 158 21 june 2018

lucy range vs samwel meshack mollel others 2018 tzhclandd 158 21 june 2018

The suit is time barred as the cause of action accrued in 1997 and the limitation period expired in 2008; plaintiff lacks locus standi as she is not the named administratrix; res judicata does not apply as parties and subject matter differ.

Citation
lucy range vs samwel meshack mollel others 2018 tzhclandd 158 21 june 2018
Parties
Plaintiff: Lucy Range; 1st Defendant: Samwel Meshack Mollel; 2nd Defendant: Nakuroi Investment Company Limited; 3rd Defendant: Seif Khalfan
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 June 2018
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Limitation of Actions, Locus Standi, Res Judicata
Source Language
English
Civil Procedure Land Law Limitation of Actions Locus Standi Res Judicata

Case Brief

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Parties

Lucy Range

Plaintiff

Samwel Meshack Mollel

1st Defendant

Nakuroi Investment Company Limited

2nd Defendant

Seif Khalfan

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the plaintiff has locus standi
  3. 3 Whether the suit is res judicata

Ratio Decidendi

The suit is time barred as the cause of action accrued in 1997 and the limitation period expired in 2008; plaintiff lacks locus standi as she is not the named administratrix; res judicata does not apply as parties and subject matter differ.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed with costs
  • Ruling delivered in absence of parties