20161003 TZHC Dodoma2
The appellant's action was time barred as the customary mortgage was executed in 1986 and the action was brought in 2014, exceeding the 12-year limitation period prescribed by law.
Source-derived case information.
- Citation
- 20161003 TZHC Dodoma2
- Parties
- Appellant: Ramadhani Kitiku; Respondent: Jumanne Omary
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 October 2016
- Procedural Posture
- Miscellaneous Land Case Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Customary Mortgage, Limitation of Actions, Redemption of Mortgaged Land
- Source Language
- english
Land Law Customary Mortgage Limitation of Actions Redemption of Mortgaged Land
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Summary, issues, holding and outcome
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Parties
Ramadhani Kitiku
Appellant
Jumanne Omary
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant's action for recovery of land was time barred
Ratio Decidendi
The appellant's action was time barred as the customary mortgage was executed in 1986 and the action was brought in 2014, exceeding the 12-year limitation period prescribed by law.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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