OMARY JUMA NKINDA

OMARY JUMA NKINDA

The suit was filed more than six years after the cause of action arose in 2015, violating the one-year limitation period for compensation claims under the Law of Limitation Act; the defect is fatal and renders the suit incompetent and time barred, warranting dismissal with costs.

Citation
OMARY JUMA NKINDA
Parties
Plaintiff: Omary Juma Nkinda; 1st Defendant: Tanzania Electric Supply Company Limited; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Limitation of Actions, Compensation for Land Acquisition, Non Joinder of Necessary Parties, Pleading Requirements
Source Language
English
Civil Procedure Land Law Limitation of Actions Compensation for Land Acquisition Non Joinder of Necessary Parties Pleading Requirements

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Parties

Omary Juma Nkinda

Plaintiff

Tanzania Electric Supply Company Limited

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil 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 is unmaintainable for non-joinder of a necessary party
  3. 3 Whether the suit is incompetent for insufficient property description under Order VII rule 3 CPC

Ratio Decidendi

The suit was filed more than six years after the cause of action arose in 2015, violating the one-year limitation period for compensation claims under the Law of Limitation Act; the defect is fatal and renders the suit incompetent and time barred, warranting dismissal with costs.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed for being time barred under section 3(1) Law of Limitation Act
  • Plaintiff to pay costs