salma saif abdallah vs salum ali administrator of the estate of the late ali salum ali another 2023 tzhc 23490 30 november 2023

salma saif abdallah vs salum ali administrator of the estate of the late ali salum ali another 2023 tzhc 23490 30 november 2023

The time spent by the plaintiff in prosecuting previous suits on the same cause of action, which were struck out for want of jurisdiction, must be excluded in computing the limitation period. Therefore, the suit is not time barred.

Citation
salma saif abdallah vs salum ali administrator of the estate of the late ali salum ali another 2023 tzhc 23490 30 november 2023
Parties
Plaintiff: Salma Saif Abdallah; 1st Defendant: Salum Ali (Administrator of the Estate of the late Ali Salum Ali); 2nd Defendant: Mohamed Ali (Administrator of the Estate of the late Ali Salum Ali)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2023
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Limitation of Actions, Breach of Contract, Exclusion of Time for Limitation
Source Language
English
Civil Procedure Contract Law Limitation of Actions Breach of Contract Exclusion of Time for Limitation

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Parties

Salma Saif Abdallah

Plaintiff

Salum Ali (Administrator of the Estate of the late Ali Salum Ali)

1st Defendant

Mohamed Ali (Administrator of the Estate of the late Ali Salum Ali)

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act

Ratio Decidendi

The time spent by the plaintiff in prosecuting previous suits on the same cause of action, which were struck out for want of jurisdiction, must be excluded in computing the limitation period. Therefore, the suit is not time barred.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Objection overruled
  • Plaintiff awarded costs