20161222 TZHC Dar es Salaam

20161222 TZHC Dar es Salaam

The suit is time barred as the plaintiff was aware of the alleged trespass and cause of action by 1996/1997, and the suit was filed well beyond the 12-year limitation period prescribed by law. The preliminary objection is sustained and the suit is dismissed with costs.

Citation
20161222 TZHC Dar es Salaam
Parties
Plaintiff: Stanslaus Peter Shayo; 1st Defendant: David Gamba Machumu; 2nd Defendant: Shabani Mchumila; 3rd Defendant: Msama Auction Mart Ltd; 4th Defendant: Commissioner, Ministry of Lands, Housing and Human Settlements Developments; 5th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 2016
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Government Proceedings, Land Ownership, Preliminary Objection
Source Language
English
Land Law Civil Procedure Limitation of Actions Government Proceedings Land Ownership Preliminary Objection

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Parties

Stanslaus Peter Shayo

Plaintiff

David Gamba Machumu

1st Defendant

Shabani Mchumila

2nd Defendant

Msama Auction Mart Ltd

3rd Defendant

Commissioner, Ministry of Lands, Housing and Human Settlements Developments

4th Defendant

Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether proper notice was given under Section 6(2) of the Government Proceedings Act

Ratio Decidendi

The suit is time barred as the plaintiff was aware of the alleged trespass and cause of action by 1996/1997, and the suit was filed well beyond the 12-year limitation period prescribed by law. The preliminary objection is sustained and the suit is dismissed with costs.

Court Disposition

Suit dismissed as time barred

Orders

  • Suit dismissed with costs