robby traders ltd vs crdb bank plc another 2017 tzca 236 22 march 2017

robby traders ltd vs crdb bank plc another 2017 tzca 236 22 march 2017

The plaint failed to disclose when the cause of action arose, and the suit was filed beyond the six-year limitation period prescribed by law. The appellant could not rely on exceptions under sections 21(1) or 26(c) of the Law of Limitation Act as no evidence of prior proceedings or fraud/mistake was presented. The High Court was justified in upholding the preliminary objection and striking out the suit as time barred.

Citation
robby traders ltd vs crdb bank plc another 2017 tzca 236 22 march 2017
Parties
Appellant: Robby Traders Limited; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Tanzania National Roads Agency (TANROADS)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 March 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Limitation of Actions, Preliminary Objection, Pleading Requirements, Misjoinder
Source Language
English
Civil Procedure Contract Law Limitation of Actions Preliminary Objection Pleading Requirements Misjoinder

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Parties

Robby Traders Limited

Appellant

CRDB Bank PLC

1st Respondent

Tanzania National Roads Agency (TANROADS)

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaint disclosed when the cause of action arose
  2. 2 Whether the suit was time barred

Ratio Decidendi

The plaint failed to disclose when the cause of action arose, and the suit was filed beyond the six-year limitation period prescribed by law. The appellant could not rely on exceptions under sections 21(1) or 26(c) of the Law of Limitation Act as no evidence of prior proceedings or fraud/mistake was presented. The High Court was justified in upholding the preliminary objection and striking out the suit as time barred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs