promatex est ltd vs maendeleo bank plc 4 others 2022 tzhclandd 12613 7 november 2022

The suit was filed more than two years after the auction sale and sought to set aside the sale, making it time barred and improperly filed; therefore, it must be dismissed.

Citation: promatex est ltd vs maendeleo bank plc 4 others 2022 tzhclandd 12613 7 november 2022
Parties: Plaintiff: Promatex Est Limited; 1st Defendant: Maendeleo Bank PLC; 2nd Defendant: Kitupa Property Consults Limited; 3rd Defendant: Hillary Sande Ligate t/a Noel Estate Company Limited; 4th Defendant: Frank Rose Marealle; 5th Defendant: Nkruma Mnjori
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 7 November 2022
Procedural Posture: Land Case / Ruling on Preliminary Objections
Outcome: Suit dismissed with costs
Legal Topics: Limitation of Actions, Execution of Decree, Auction Sale, Dismissal for Time Bar
Source Language: English

Civil Procedure Land Law Limitation of Actions Execution of Decree Auction Sale Dismissal for Time Bar

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Parties

Promatex Est Limited

Plaintiff

Maendeleo Bank PLC

1st Defendant

Kitupa Property Consults Limited

2nd Defendant

Hillary Sande Ligate t/a Noel Estate Company Limited

3rd Defendant

Frank Rose Marealle

4th Defendant

Nkruma Mnjori

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

1 Whether the suit is time barred under the Law of Limitation Act
2 Whether the suit was improperly filed contrary to Order XXI Rule 88 of the Civil Procedure Code

Ratio Decidendi

The suit was filed more than two years after the auction sale and sought to set aside the sale, making it time barred and improperly filed; therefore, it must be dismissed.

Court Disposition

Suit dismissed with costs

Orders

Suit dismissed with costs