mtoro saidi mketo versus haruna yusuph mlanzi 2 others 2023 tzhclandd 16859 17 august 2023
The plaintiff failed to act with due diligence and good faith in prosecuting previous cases and did not comply with procedural requirements for exclusion of time; thus, the suit is time barred and incompetent.
- Citation
- mtoro saidi mketo versus haruna yusuph mlanzi 2 others 2023 tzhclandd 16859 17 august 2023
- Parties
- Plaintiff: Mtoro Saidi Mketo; 1st Defendant: Haruna Yusuph Mlanzi; 2nd Defendant: Temeke Municipal Council; 3rd Defendant: The Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 17 August 2023
- Procedural Posture
- Land Case / Ruling on Preliminary Issue of Limitation
- Outcome
- Dismissed
- Legal Topics
- Limitation of Actions, Jurisdiction, Exclusion of Time, Diligence in Prosecution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mtoro Saidi Mketo
Plaintiff
Haruna Yusuph Mlanzi
1st Defendant
Temeke Municipal Council
2nd Defendant
The Attorney General
3rd Defendant
Procedural Posture
Land Case / Ruling on Preliminary Issue of Limitation
Legal Issues
- 1 Whether the suit was filed within the statutory limitation period
- 2 Whether time spent in previous proceedings should be excluded under Section 21(1) of the Law of Limitation Act
Ratio Decidendi
The plaintiff failed to act with due diligence and good faith in prosecuting previous cases and did not comply with procedural requirements for exclusion of time; thus, the suit is time barred and incompetent.
Court Disposition
Dismissed
Orders
- Case dismissed for being time barred
- No order as to costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment