sobai asanja limited vs i m bank t limited 2 others 2024 tzhclandd 5 10 january 2024

sobai asanja limited vs i m bank t limited 2 others 2024 tzhclandd 5 10 january 2024

The suit is not time barred as the claims include recovery of land, which has a 12-year limitation period, and the alleged breaches after 2015 constitute new causes of action within the limitation period. The plaintiff has demonstrated a cause of action and locus standi against the defendants based on the pleadings. The preliminary objections do not meet the criteria for preliminary objections as they require determination of facts and evidence.

Citation
sobai asanja limited vs i m bank t limited 2 others 2024 tzhclandd 5 10 january 2024
Parties
Plaintiff: SOBAI ASAN3A LIMITED; 1st Defendant: I & M BANK (T) LIMITED; 2nd Defendant: DR. ONESMO MICHAEL KYAUKE; 3rd Defendant: JANGID PLAZA LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 January 2024
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Preliminary Objection, Limitation of Actions, Cause of Action, Locus Standi, Receivership, Breach of Contract
Source Language
English
Civil Procedure Land Law Contract Law Preliminary Objection Limitation of Actions Cause of Action Locus Standi Receivership +1 more

Case Brief

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Parties

SOBAI ASAN3A LIMITED

Plaintiff

I & M BANK (T) LIMITED

1st Defendant

DR. ONESMO MICHAEL KYAUKE

2nd Defendant

JANGID PLAZA LIMITED

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaintiff has a cause of action against the 1st and 2nd defendants
  3. 3 Whether the plaintiff has locus standi to sue the 1st and 2nd defendants

Ratio Decidendi

The suit is not time barred as the claims include recovery of land, which has a 12-year limitation period, and the alleged breaches after 2015 constitute new causes of action within the limitation period. The plaintiff has demonstrated a cause of action and locus standi against the defendants based on the pleadings. The preliminary objections do not meet the criteria for preliminary objections as they require determination of facts and evidence.

Court Disposition

Preliminary objections overruled

Orders

  • All preliminary objections raised by the defendants are overruled.
  • Costs to be within the suit.