mambi yusufu mzee vs dar cool makers 4 others 2022 tzhclandd 12590 29 november 2022

mambi yusufu mzee vs dar cool makers 4 others 2022 tzhclandd 12590 29 november 2022

The claim for Tsh 607,377,860 as compensation for malicious damage to property is time barred, as it was filed more than three years after the alleged tortious act. The claim for ownership of the disputed land is not affected and remains intact.

Source-derived case information.

Citation
mambi yusufu mzee vs dar cool makers 4 others 2022 tzhclandd 12590 29 november 2022
Parties
Plaintiff: Mambi Yusufu Mzee; 1st Defendant: Dar Cool Makers; 2nd Defendant: MEM Auctioneers and General Brokers Ltd; 3rd Defendant: Ubungo Municipal Council; 4th Defendant: Commissioner for Lands; 5th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 November 2022
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection sustained in part; claim for compensation struck out as time barred; claim for ownership of land remains.
Legal Topics
Limitation of Actions, Malicious Damage to Property, Recovery of Land, Preliminary Objection
Source Language
english
Civil Procedure Land Law Tort Law Limitation of Actions Malicious Damage to Property Recovery of Land Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mambi Yusufu Mzee

Plaintiff

Dar Cool Makers

1st Defendant

MEM Auctioneers and General Brokers Ltd

2nd Defendant

Ubungo Municipal Council

3rd Defendant

Commissioner for Lands

4th Defendant

The Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim for Tsh 607,377,860 for malicious damage to property is time barred under the Law of Limitation Act
  2. 2 Whether the claim for ownership of the disputed land is affected by the limitation period

Ratio Decidendi

The claim for Tsh 607,377,860 as compensation for malicious damage to property is time barred, as it was filed more than three years after the alleged tortious act. The claim for ownership of the disputed land is not affected and remains intact.

Court Disposition

Preliminary objection sustained in part; claim for compensation struck out as time barred; claim for ownership of land remains.

Orders

  • The claim for Tsh 607,377,860 as compensation for demolished apartments is struck out as time barred.
  • The claim for ownership of the disputed land remains intact.