20170915 TZHC Mwanza3

20170915 TZHC Mwanza3

The appellant's claim for compensation was filed more than one year after the cause of action arose in 1994, making it time barred under the Law of Limitation Act. There was no evidence of any promise to pay compensation or any legal impediment preventing timely filing.

Source-derived case information.

Citation
20170915 TZHC Mwanza3
Parties
Appellant: Lushinge Kazungu; Respondent: Sengerema District Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 2017
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Compulsory Acquisition, Compensation for Land, Preliminary Objection
Source Language
english
Land Law Civil Procedure Limitation of Actions Compulsory Acquisition Compensation for Land Preliminary Objection

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Parties

Lushinge Kazungu

Appellant

Sengerema District Council

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's claim for compensation was time barred under the Law of Limitation Act
  2. 2 Whether the trial tribunal erred in dismissing the application on limitation grounds

Ratio Decidendi

The appellant's claim for compensation was filed more than one year after the cause of action arose in 1994, making it time barred under the Law of Limitation Act. There was no evidence of any promise to pay compensation or any legal impediment preventing timely filing.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs; each party to bear its own costs