19931002 TZHC Dar es Salaam
The suit abates because the administrator of the deceased plaintiff's estate did not apply to be joined as a party within the 90-day limitation period after the plaintiff's death.
Source-derived case information.
- Citation
- 19931002 TZHC Dar es Salaam
- Parties
- Plaintiff: Tadeo Mwakiposa; Defendant: Luguni Benna Mihisumbi; Defendant: Kahuhuha Company Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 October 1993
- Procedural Posture
- Civil / Ruling on Application for Abatement of Suit
- Outcome
- Suit abated
- Legal Topics
- Abatement of Suit, Substitution of Parties, Limitation Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tadeo Mwakiposa
Plaintiff
Luguni Benna Mihisumbi
Defendant
Kahuhuha Company Ltd.
Defendant
Procedural Posture
Civil / Ruling on Application for Abatement of Suit
Legal Issues
- 1 Whether the suit should abate due to failure of the deceased plaintiff's administrator to apply to be made a party within the prescribed time
Ratio Decidendi
The suit abates because the administrator of the deceased plaintiff's estate did not apply to be joined as a party within the 90-day limitation period after the plaintiff's death.
Court Disposition
Suit abated
Orders
- Suit abates under Order XXII Rule 3(2) of the Civil Procedure Code
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
, •..· '._ I /P:::::-~.~ IN THE HIGH COUhT OF TANZANIA AT DAR .GS SALAAM ........ · CIVIL CASE NUo 90 OF 1990 '.l'ADEO Jv1vJA.KIPOSA ........ o.:. • .•••••• o.•• oooPLAIN'r IFF / ve:csus 1., Ll.;UNi1.iili BBNA l'1H11.SUMBI) . -.,n, . ., 2 • KAHtt:UHA COMPANY LTD• ) " " " " " " ., ,,., " o o DM END1U'ITS . '", RULING BAHi1.T I , J: This is an application by the 2nd defendant to have the s\l.i, !' as having abated on the grounds that, ever since the plaintiff died on 18th July, 1991, the administrator of hisEptate has not appeared to prosecute the suit, nor has he applied to be made a party to the suito Mr., lmtabingwa learned cou_p,sel for the 2:nd defenda!J,t argued that the administrator of the estate of the plaintiff 10ught. to have applied in terms of Order 22 .kule 3(1) .to be join~.d a'S: a . party within the time prescribed by law which is 90 days according to the Law of Limitation Ac~, First Schedule Part ~JI ,~ item 16. bince n,o such applicatio:p. has been madt! since 18th July, 1991 1 .abatedRutabingwa Mro was praying that ot'he suit b'e marked as ha,1~ing ' iCode. . in te:a11s of Order XXII rule 3(2) of the Civil Proc,edure The applicL-.tion is granted and in terms of Order XXII rule 3(2) this suit abates .. As Ivlr .. Hutabingwa has specifically iJ?rayed that no order to costs be issued, I make no ordar to costs. Ao B.i-~~Ii.,.'1 I 1 JUDGE 2/10/1993 at dares salaam ,~_Rd ft:jjbo:i: 2 ~-9~3-!. Mr. Rutabincwa for the applicant. . - 2 - ':i.'his is the certified true copy of the ortginale .;· / .i •' f--------- ----····--···:-~~-:t ' \ DEPUTY i::i~GIS'Titli.:H .,