mampashe matatizo vs national micro finance bank others 2009 tzhc 106 30 november 2009
The suit is time barred as it was filed after the limitation period for tort claims, and the plaint did not disclose any ground for exemption from limitation as required by law; therefore, the plaint must be rejected.
- Citation
- mampashe matatizo vs national micro finance bank others 2009 tzhc 106 30 november 2009
- Parties
- Plaintiff: Mampashe Matatizo; 1st Defendant: National Micro Finance Bank; 2nd Defendant: Waisa Zaid; 3rd Defendant: Alliance Insurance Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 November 2009
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- Plaint rejected as time barred
- Legal Topics
- Limitation of Actions, Defective Pleadings, Authority to Sue
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mampashe Matatizo
Plaintiff
National Micro Finance Bank
1st Defendant
Waisa Zaid
2nd Defendant
Alliance Insurance Co. Ltd
3rd Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time barred under the Law of Limitation Act
- 2 Whether the plaint is defective for lack of counsel's authority to sign
- 3 Whether the capacity in which the plaintiff sues is disclosed
Ratio Decidendi
The suit is time barred as it was filed after the limitation period for tort claims, and the plaint did not disclose any ground for exemption from limitation as required by law; therefore, the plaint must be rejected.
Court Disposition
Plaint rejected as time barred
Orders
- Plaint rejected
- Each party to bear own costs
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