pangolin traders ltd vs national insurance corporation another 2004 tzhccomd 67 26 october 2004
The cause of action arose when the burglary occurred and the plaintiff notified the defendant and requested indemnity. The suit was filed more than six years after that date and is therefore time barred under the Law of Limitation Act.
- Citation
- pangolin traders ltd vs national insurance corporation another 2004 tzhccomd 67 26 october 2004
- Parties
- Plaintiff: Pangolin Traders Limited; 1st Defendant: National Insurance Corporation; 2nd Defendant: Parastatal Sector Reform Commission
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 26 October 2004
- Procedural Posture
- Civil Suit (commercial) / Ruling on Preliminary Objection
- Outcome
- Suit dismissed as time barred.
- Legal Topics
- Limitation of Actions, Insurance Claims, Preliminary Objection, Contractual Disputes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Pangolin Traders Limited
Plaintiff
National Insurance Corporation
1st Defendant
Parastatal Sector Reform Commission
2nd Defendant
Procedural Posture
Civil Suit (commercial) / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time barred under the Law of Limitation Act
- 2 Whether the cause of action arose at the time of burglary or upon issuance of the discharge voucher
Ratio Decidendi
The cause of action arose when the burglary occurred and the plaintiff notified the defendant and requested indemnity. The suit was filed more than six years after that date and is therefore time barred under the Law of Limitation Act.
Court Disposition
Suit dismissed as time barred.
Orders
- Suit dismissed with costs.
Full Case Text
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