rahel simon others vs solomon simon 2018 tzhc 2205 17 august 2018

rahel simon others vs solomon simon 2018 tzhc 2205 17 august 2018

The appellants' right to claim the disputed land accrued in 1997 upon their father's death. The applicable limitation period for recovery of land is 12 years. The claim was instituted in 2015, 18 years after the right accrued, and is therefore time-barred. The appeal is dismissed for being filed out of time.

Citation
rahel simon others vs solomon simon 2018 tzhc 2205 17 august 2018
Parties
Appellant: Rahel Simon; Appellant: Helen Simon; Appellant: Nembris Simon; Appellant: Dina Simon; Appellant: Naishiye Simon; Appellant: Naisiligaki Simon; Appellant: Joyce Simon; Appellant: Sophia Simon; Respondent: Solomon Simon
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2018
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Second Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Wills and Succession, Recovery of Land, Customary Law Proceedings
Source Language
English
Land Law Customary Law Civil Procedure Limitation of Actions Wills and Succession Recovery of Land Customary Law Proceedings

Case Brief

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Parties

Rahel Simon

Appellant

Helen Simon

Appellant

Nembris Simon

Appellant

Dina Simon

Appellant

Naishiye Simon

Appellant

Naisiligaki Simon

Appellant

Joyce Simon

Appellant

Sophia Simon

Appellant

Solomon Simon

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Second Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellants' claim for recovery of land was time-barred under the applicable limitation laws
  2. 2 Whether the limitation period commenced from the date of the will or from the respondent's alleged breach of the will's terms

Ratio Decidendi

The appellants' right to claim the disputed land accrued in 1997 upon their father's death. The applicable limitation period for recovery of land is 12 years. The claim was instituted in 2015, 18 years after the right accrued, and is therefore time-barred. The appeal is dismissed for being filed out of time.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed for being time-barred
  • No order as to costs