marco hayshi panga vs ml tours safaris ltd operating as ganako luxury lodge 2 others 2023 tzhc 22353 31 october 2023

marco hayshi panga vs ml tours safaris ltd operating as ganako luxury lodge 2 others 2023 tzhc 22353 31 october 2023

The suit is not time barred as the defendants acknowledged the debt in writing, which under section 27(3) of the Law of Limitation Act restarts the limitation period. The Minister's extension of time need not be determined at this stage. The written statement of defence is properly verified and authorized. Both preliminary objections are overruled.

Citation
marco hayshi panga vs ml tours safaris ltd operating as ganako luxury lodge 2 others 2023 tzhc 22353 31 october 2023
Parties
Plaintiff: Marco Hayshi Panga; 1st Defendant: ML Tours & Safaris Ltd operating as Ganako Luxury Lodge; 2nd Defendant: Emmanuel Makubo; 3rd Defendant: Benedict S. Bura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2023
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled; suit to proceed on merits.
Legal Topics
Limitation of Actions, Pleading Requirements, Acknowledgment of Debt, Extension of Time
Source Language
English
Civil Procedure Contract Law Limitation of Actions Pleading Requirements Acknowledgment of Debt Extension of Time

Case Brief

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Parties

Marco Hayshi Panga

Plaintiff

ML Tours & Safaris Ltd operating as Ganako Luxury Lodge

1st Defendant

Emmanuel Makubo

2nd Defendant

Benedict S. Bura

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaint is defective for suing a non-existing party
  3. 3 Whether there is a cause of action against the 2nd defendant

Ratio Decidendi

The suit is not time barred as the defendants acknowledged the debt in writing, which under section 27(3) of the Law of Limitation Act restarts the limitation period. The Minister's extension of time need not be determined at this stage. The written statement of defence is properly verified and authorized. Both preliminary objections are overruled.

Court Disposition

Preliminary objections overruled; suit to proceed on merits.

Orders

  • Hearing of the main suit to proceed on merit.
  • Costs of the preliminary objections to be in the course.