328 20010104013710 Searchable

328 20010104013710 Searchable

The suit is based on a claim for compensation for land already acquired by the 1st Defendant, and such claims must be brought within one year under the Law of Limitation Act. The Plaintiff's cause of action accrued in 2007, but the suit was filed in 2023, far beyond the limitation period. The Plaintiff did not plead any grounds for exemption from limitation as required by Order VII Rule 6 of the Civil Procedure Code. Therefore, the suit is time barred and must be dismissed.

Citation
328 20010104013710 Searchable
Parties
Plaintiff: Matiko C. Tugara; 1st Defendant: Tanzania Electric Supply Company Limited; 2nd Defendant: Ardhi University; 3rd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2001
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Compensation for Land Acquisition, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Compensation for Land Acquisition Jurisdiction Preliminary Objection

Case Brief

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Parties

Matiko C. Tugara

Plaintiff

Tanzania Electric Supply Company Limited

1st Defendant

Ardhi University

2nd Defendant

Attorney General

3rd 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 for compensation claims
  2. 2 Whether the Plaintiff's pleadings establish grounds for exemption from limitation period under Order VII Rule 6 of the Civil Procedure Code

Ratio Decidendi

The suit is based on a claim for compensation for land already acquired by the 1st Defendant, and such claims must be brought within one year under the Law of Limitation Act. The Plaintiff's cause of action accrued in 2007, but the suit was filed in 2023, far beyond the limitation period. The Plaintiff did not plead any grounds for exemption from limitation as required by Order VII Rule 6 of the Civil Procedure Code. Therefore, the suit is time barred and must be dismissed.

Court Disposition

Suit dismissed as time barred

Orders

  • Preliminary objection sustained
  • Suit dismissed with costs