mayo bura vs bondini dafi 1986 tzca 21 26 july 1986

In the absence of evidence as to when the cause of action arose, the court cannot determine whether the suit was time-barred. The High Court's restoration of the Primary Court's award was correct.

Citation: mayo bura vs bondini dafi 1986 tzca 21 26 july 1986
Parties: Appellant: Mayo Bura; Respondent: Bondini Dapi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 July 1986
Procedural Posture: Civil Appeal / Third Appeal
Outcome: appeal dismissed
Legal Topics: Limitation of Actions, Inheritance, Division of Property
Source Language: English

Civil Law Succession Law Limitation of Actions Inheritance Division of Property

Case Brief

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Parties

Mayo Bura

Appellant

Bondini Dapi

Respondent

Procedural Posture

Civil Appeal / Third Appeal

Legal Issues

1 Whether the suit was time-barred

Ratio Decidendi

In the absence of evidence as to when the cause of action arose, the court cannot determine whether the suit was time-barred. The High Court's restoration of the Primary Court's award was correct.

Court Disposition

appeal dismissed

Orders

Order of the High Court confirmed
Appeal dismissed with costs