millinga 22 safii

millinga 22 safii

The suit is time barred as the cause of action arose in 2011, and the suit was filed in 2024, exceeding the 12-year limitation period for land recovery. The attempt to change the period of the cause of action in the current plaint is a circumvention of admitted facts and is not permissible.

Source-derived case information.

Citation
millinga 22 safii
Parties
Plaintiff: Mariam Amir Millinga; Plaintiff: Consolata Valentine Maimu; Plaintiff: Alexander Mahemba Mwita; Plaintiff: Berrington Michael Shayo; Defendant: Peter Peter Junior; Defendant: Abdul Mzee Piara (as the administrator of the estate of the late Hamid Abdallah Shine); Defendant: Iddy Mwinyimvua; Defendant: Jamila Ernest Rutajukwa; Defendant: Abdallah Mohamed Zae @ Abdallah Mtekenye; Defendant: Benedict Tesha; Defendant: Joachim Assey; Defendant: Abeid Kibabu; Defendant: Said Omary Said; Defendant: Ustadh Saleh; Defendant: Wafaa Nassoro
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed with costs
Legal Topics
Limitation of Actions, Pleadings, Preliminary Objection, Land Ownership, Striking Out Pleadings
Source Language
english
Civil Procedure Land Law Limitation of Actions Pleadings Preliminary Objection Land Ownership Striking Out Pleadings

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 7 Party arguments 2
Sign in to unlock

Parties

Mariam Amir Millinga

Plaintiff

Consolata Valentine Maimu

Plaintiff

Alexander Mahemba Mwita

Plaintiff

Berrington Michael Shayo

Plaintiff

Peter Peter Junior

Defendant

Abdul Mzee Piara (as the administrator of the estate of the late Hamid Abdallah Shine)

Defendant

Iddy Mwinyimvua

Defendant

Jamila Ernest Rutajukwa

Defendant

Abdallah Mohamed Zae @ Abdallah Mtekenye

Defendant

Benedict Tesha

Defendant

Joachim Assey

Defendant

Abeid Kibabu

Defendant

Said Omary Said

Defendant

Ustadh Saleh

Defendant

Wafaa Nassoro

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit contravenes previous pleadings and ruling in Land Case No. 21 of 2023

Ratio Decidendi

The suit is time barred as the cause of action arose in 2011, and the suit was filed in 2024, exceeding the 12-year limitation period for land recovery. The attempt to change the period of the cause of action in the current plaint is a circumvention of admitted facts and is not permissible.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed as time barred under the Law of Limitation Act
  • Plaintiffs to pay costs