20060207 TZHC Dar es Salaam

20060207 TZHC Dar es Salaam

The computation of limitation should start from when the plaintiff became aware of the dispossession, not merely the date of dispossession. Since the plaintiff became aware in 1988, the suit is not time-barred.

Citation
20060207 TZHC Dar es Salaam
Parties
Plaintiff: PSRC; 1st Defendant: Kishore Kanji Hirji; 2nd Defendant: Firozi K. Karimjee; 3rd Defendant/intervenor: Abdallah Ahmed
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2006
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Legal Topics
Limitation Period, Recovery of Land, Receivership of Public Corporations
Source Language
English
Civil Procedure Land Law Limitation Period Recovery of Land Receivership of Public Corporations

Case Brief

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Parties

PSRC

Plaintiff

Kishore Kanji Hirji

1st Defendant

Firozi K. Karimjee

2nd Defendant

Abdallah Ahmed

3rd Defendant/intervenor

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time-barred under the Law of Limitation Act, 1971
  2. 2 Whether the extension of time applied to the plaintiff given the status of the Tobacco Authority of Tanzania under receivership

Ratio Decidendi

The computation of limitation should start from when the plaintiff became aware of the dispossession, not merely the date of dispossession. Since the plaintiff became aware in 1988, the suit is not time-barred.

Court Disposition

preliminary objection dismissed with costs

Orders

  • preliminary objection dismissed
  • costs awarded to plaintiff