patrick sanga vs baker sons safari company limited another 2023 tzhclandd 16925 26 september 2023

patrick sanga vs baker sons safari company limited another 2023 tzhclandd 16925 26 september 2023

The suit is barred by limitation as it was instituted more than three years after the alleged trespass, contrary to the Law of Limitation Act. The court lacks jurisdiction to entertain the matter, and the suit is incompetent.

Citation
patrick sanga vs baker sons safari company limited another 2023 tzhclandd 16925 26 september 2023
Parties
Plaintiff: Patrick Sanga; First Defendant: Baker & Sons Safari Company Limited; Second Defendant: Graydon Baker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2023
Procedural Posture
Land Case / Judgment
Outcome
Suit dismissed as time-barred
Legal Topics
Trespass to Land, Limitation of Actions, Lease Agreements, Joint Venture, Partnership
Source Language
English

Case Brief

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Parties

Patrick Sanga

Plaintiff

Baker & Sons Safari Company Limited

First Defendant

Graydon Baker

Second Defendant

Procedural Posture

Land Case / Judgment

  1. 1 Whether the Plaintiff furnished consideration to be a lessee along with the First Defendant
  2. 2 Whether the Court can create a lease for the Plaintiff
  3. 3 Whether the First Defendant trespassed on the disputed land

Ratio Decidendi

The suit is barred by limitation as it was instituted more than three years after the alleged trespass, contrary to the Law of Limitation Act. The court lacks jurisdiction to entertain the matter, and the suit is incompetent.

Court Disposition

Suit dismissed as time-barred

Orders

  • Each party to bear their own costs