protace magombo vs attorney general another 2010 tzhc 284 16 september 2010

protace magombo vs attorney general another 2010 tzhc 284 16 september 2010

The suit was filed out of time prescribed by law for tort claims, and the plaint did not state any ground for exemption from limitation as required by Order VII rule 6 of the Civil Procedure Code. Therefore, the suit is time barred and must be rejected under Order VII rule 11(c) of the Civil Procedure Code.

Citation
protace magombo vs attorney general another 2010 tzhc 284 16 september 2010
Parties
Plaintiff: Protace Mugondo; Defendants: The Attorney General & Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 2010
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit rejected as time barred
Legal Topics
Limitation of Actions, Jurisdiction, Pleading Requirements, Tortious Liability, Constitutional Rights
Source Language
English
Civil Procedure Tort Law Constitutional Law Limitation of Actions Jurisdiction Pleading Requirements Tortious Liability Constitutional Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Protace Mugondo

Plaintiff

The Attorney General & Another

Defendants

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit was properly instituted by plaint or should have been by petition under the Basic Rights and Duties Enforcement Act
  3. 3 Whether the court has jurisdiction to entertain the matter

Ratio Decidendi

The suit was filed out of time prescribed by law for tort claims, and the plaint did not state any ground for exemption from limitation as required by Order VII rule 6 of the Civil Procedure Code. Therefore, the suit is time barred and must be rejected under Order VII rule 11(c) of the Civil Procedure Code.

Court Disposition

Suit rejected as time barred

Orders

  • Suit rejected under Order VII rule 11(c) of the Civil Procedure Code
  • No order as to costs