METMAR TRADING VS K K CARGO LOGISTICS T LTD COMM CASE NO 201 OF 2017 RULING HON

METMAR TRADING VS K K CARGO LOGISTICS T LTD COMM CASE NO 201 OF 2017 RULING HON

Time spent by the plaintiff in bona fide prosecution of previous proceedings must be excluded in computing the limitation period; as such, the suit is not time barred. No legal basis or evidence was provided to support the objections of abuse of process or advocate disqualification. All preliminary objections fail.

Citation
METMAR TRADING VS K K CARGO LOGISTICS T LTD COMM CASE NO 201 OF 2017 RULING HON
Parties
Plaintiff: Metmar Trading (PTY) Limited; 1st Defendant: K&K Cargo Logistics (T) Limited; 2nd Defendant: Alfred H. Knight Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
All preliminary objections dismissed with costs in favour of the plaintiff.
Legal Topics
Limitation of Actions, Abuse of Process, Advocate Disqualification
Source Language
English
Civil Procedure Commercial Law Limitation of Actions Abuse of Process Advocate Disqualification

Case Brief

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Parties

Metmar Trading (PTY) Limited

Plaintiff

K&K Cargo Logistics (T) Limited

1st Defendant

Alfred H. Knight Tanzania Limited

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit constitutes an abuse of court process due to previous similar proceedings
  3. 3 Whether the plaint is incompetent for being drawn and filed by an advocate allegedly barred by the court

Ratio Decidendi

Time spent by the plaintiff in bona fide prosecution of previous proceedings must be excluded in computing the limitation period; as such, the suit is not time barred. No legal basis or evidence was provided to support the objections of abuse of process or advocate disqualification. All preliminary objections fail.

Court Disposition

All preliminary objections dismissed with costs in favour of the plaintiff.

Orders

  • All three preliminary objections are dismissed.
  • Costs awarded to the plaintiff.