20130906 TZHC Dar es Salaam

20130906 TZHC Dar es Salaam

The suit is not time barred as the cause of action arose in June 2009 and the suit was filed within the six-year limitation period; failure to state the exact date, month, and year in the plaint does not render the suit incompetent as the facts constituting the cause of action are sufficiently pleaded.

Citation
20130906 TZHC Dar es Salaam
Parties
Plaintiff: M/S Ndihesi Enterprises Limited; 1st Defendant: Exim Bank (Tanzania) Limited; 2nd Defendant: Ayubu E. Haule; 3rd Defendant: Guydon A. Lukuwi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2013
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Limitation of Actions, Pleading Requirements, Fraud, Bank Account Mandate
Source Language
English
Civil Procedure Banking Law Company Law Limitation of Actions Pleading Requirements Fraud Bank Account Mandate

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Parties

M/S Ndihesi Enterprises Limited

Plaintiff

Exim Bank (Tanzania) Limited

1st Defendant

Ayubu E. Haule

2nd Defendant

Guydon A. Lukuwi

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaint complies with Order VII Rule 1(e) of the Civil Procedure Code

Ratio Decidendi

The suit is not time barred as the cause of action arose in June 2009 and the suit was filed within the six-year limitation period; failure to state the exact date, month, and year in the plaint does not render the suit incompetent as the facts constituting the cause of action are sufficiently pleaded.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to plaintiff