20070427 TZHC Dar es Salaam 1

20070427 TZHC Dar es Salaam 1

The suit is not time barred as the cause of action arose when the plaintiff discovered the loss, and the suit was filed within the statutory period. Non-compliance with notice requirements under S. 66(1) and (2) involves factual matters to be determined at trial and cannot form the basis of a preliminary objection.

Citation
20070427 TZHC Dar es Salaam 1
Parties
Plaintiff: Tanzania Petroleum Development Corporation; 1st Defendant: Tanzania Harbours Authority; 2nd Defendant: P.S.R.C.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2007
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Limitation of Actions, Preliminary Objection, Notice Requirements, Compensation for Lost Goods
Source Language
English
Civil Procedure Limitation of Actions Preliminary Objection Notice Requirements Compensation for Lost Goods

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Parties

Tanzania Petroleum Development Corporation

Plaintiff

Tanzania Harbours Authority

1st Defendant

P.S.R.C.

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred under S. 67(b) of the Tanzania Harbours Authority Act, 1977
  2. 2 Whether the suit is defective for non-compliance with notice requirements under S. 66(1) and (2) of the Tanzania Harbours Authority Act, 1977

Ratio Decidendi

The suit is not time barred as the cause of action arose when the plaintiff discovered the loss, and the suit was filed within the statutory period. Non-compliance with notice requirements under S. 66(1) and (2) involves factual matters to be determined at trial and cannot form the basis of a preliminary objection.

Court Disposition

Preliminary objections dismissed

Orders

  • Preliminary objections by both defendants are overruled.
  • Costs to be in the main cause.