nk impex and another vs daissy general traders and others 2024 tzhc 235 9 february 2024

nk impex and another vs daissy general traders and others 2024 tzhc 235 9 february 2024

The suit is time barred as the last payment was made in July 2015 and the suit was filed in September 2023, exceeding the six-year limitation period. There was no valid written acknowledgement or part payment within the limitation period to extend time. Negotiations and promises to pay do not constitute a continuing breach or extend limitation. The plaint discloses a cause of action against all defendants, and non-joinder of parties does not defeat the suit, but the suit is dismissed for being time barred.

Citation
nk impex and another vs daissy general traders and others 2024 tzhc 235 9 february 2024
Parties
Plaintiff: N.K IMPEX; Plaintiff: UNIQUE TEXTILES (suing through Power of Attorney to GAKI INVESTMENT COMPANY LIMITED); Defendant: DAISSY GENERAL TRADERS; Defendant: EPAK GENERAL TRADERS; Defendant: ANGELA CHARLES KIZIGHA; Defendant: ELVIS PETER KILINGO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2024
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
suit dismissed as time barred
Legal Topics
Limitation of Actions, Cause of Action, Joinder of Parties, Acknowledgement and Part Payment, Preliminary Objections
Source Language
English
Contract Law Civil Procedure Limitation of Actions Cause of Action Joinder of Parties Acknowledgement and Part Payment Preliminary Objections

Case Brief

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Parties

N.K IMPEX

Plaintiff

UNIQUE TEXTILES (suing through Power of Attorney to GAKI INVESTMENT COMPANY LIMITED)

Plaintiff

DAISSY GENERAL TRADERS

Defendant

EPAK GENERAL TRADERS

Defendant

ANGELA CHARLES KIZIGHA

Defendant

ELVIS PETER KILINGO

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaint discloses a cause of action against the 3rd and 4th defendants
  3. 3 Whether non-joinder of necessary parties is fatal to the suit

Ratio Decidendi

The suit is time barred as the last payment was made in July 2015 and the suit was filed in September 2023, exceeding the six-year limitation period. There was no valid written acknowledgement or part payment within the limitation period to extend time. Negotiations and promises to pay do not constitute a continuing breach or extend limitation. The plaint discloses a cause of action against all defendants, and non-joinder of parties does not defeat the suit, but the suit is dismissed for being time barred.

Court Disposition

suit dismissed as time barred

Orders

  • Suit dismissed with costs under section 3(1) of the Law of Limitation Act