20010830 TZHC Dar es Salaam

20010830 TZHC Dar es Salaam

The suit is time barred as it was filed almost two years after the three-year limitation period for torts had expired, and the plaintiff did not plead any exemption. The pleadings also fail to disclose a cause of action as they do not show how the defendant's actions on Plot No. 559 relate to the plaintiff's Plot No. 555.

Citation
20010830 TZHC Dar es Salaam
Parties
Plaintiff: Taber Hussein Muccadam; Defendant: Hawa Sinare
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2001
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Limitation of Actions, Trespass to Land, Pleadings, Cause of Action
Source Language
English
Civil Procedure Property Law Limitation of Actions Trespass to Land Pleadings Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Taber Hussein Muccadam

Plaintiff

Hawa Sinare

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the suit discloses any cause of action

Ratio Decidendi

The suit is time barred as it was filed almost two years after the three-year limitation period for torts had expired, and the plaintiff did not plead any exemption. The pleadings also fail to disclose a cause of action as they do not show how the defendant's actions on Plot No. 559 relate to the plaintiff's Plot No. 555.

Court Disposition

Suit dismissed with costs

Orders

  • Preliminary objections upheld
  • Plaintiff's suit dismissed with costs