Haule

Haule

The plaint failed to plead grounds for exemption from limitation as required by law, rendering the suit time barred and untenable.

Source-derived case information.

Citation
Haule
Parties
Plaintiff: Salome Einhard Haule; 1st Defendant: 3uma Ally Tamalau; 2nd Defendant: Seleman S. Kambangwa; 3rd Defendant: Hamis Seif Mzuzuri T/A Kambodia; 4th Defendant: Idd Ally Mtandika; 5th Defendant: Einhard Domic Haule; 6th Defendant: Bingwa Auction & General Supplies Limited Tribunal and Court Broker; 7th Defendant: Mbaraka Bakari Kihame
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed with costs
Legal Topics
Limitation of Actions, Setting Aside Sale in Execution, Preliminary Objection
Source Language
english
Civil Procedure Land Law Limitation of Actions Setting Aside Sale in Execution Preliminary Objection

Source-derived case record

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Parties

Salome Einhard Haule

Plaintiff

3uma Ally Tamalau

1st Defendant

Seleman S. Kambangwa

2nd Defendant

Hamis Seif Mzuzuri T/A Kambodia

3rd Defendant

Idd Ally Mtandika

4th Defendant

Einhard Domic Haule

5th Defendant

Bingwa Auction & General Supplies Limited Tribunal and Court Broker

6th Defendant

Mbaraka Bakari Kihame

7th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitations Act, Cap 89 R.E. 2019
  2. 2 Whether the plaint sufficiently pleaded grounds for exemption from limitation period

Ratio Decidendi

The plaint failed to plead grounds for exemption from limitation as required by law, rendering the suit time barred and untenable.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed with costs