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The plaint sufficiently pleaded facts to invoke exemption under section 21(1) of the Law of Limitation Act, so the suit is not time barred; although the plaint did not expressly state the size of the suit property, the defect can be cured by amendment, and the plaintiff is allowed to amend the plaint to include the size within seven days.

Citation
image3175
Parties
Plaintiff: Stanslaus Peter Shayo; 1st Defendant: Kuyela Mussa Mshana; 2nd Defendant: Kinondoni Municipal; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Preliminary objection on limitation overruled; preliminary objection on property description partly sustained to the extent of allowing amendment.
Legal Topics
Limitation of Actions, Pleading Requirements, Description of Property, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Limitation of Actions Pleading Requirements Description of Property Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Stanslaus Peter Shayo

Plaintiff

Kuyela Mussa Mshana

1st Defendant

Kinondoni Municipal

2nd Defendant

The Attorney General

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 plaint is defective for failure to describe the size of the suit property as required by Order VII Rule 3 of the CPC

Ratio Decidendi

The plaint sufficiently pleaded facts to invoke exemption under section 21(1) of the Law of Limitation Act, so the suit is not time barred; although the plaint did not expressly state the size of the suit property, the defect can be cured by amendment, and the plaintiff is allowed to amend the plaint to include the size within seven days.

Court Disposition

Preliminary objection on limitation overruled; preliminary objection on property description partly sustained to the extent of allowing amendment.

Orders

  • Plaintiff to amend the plaint to include the size of the land within seven days from the date of the order.
  • Each party to bear its own costs.