20120821 TZHC Mwanza 1

20120821 TZHC Mwanza 1

The suit is time barred as the cause of action (trespass) arose on 14/9/2002 and the suit was filed on 28/11/2008, exceeding the three-year limitation period prescribed by law. The plaintiff cannot rely on time spent in other proceedings as these are not pleaded in the plaint, and the court cannot consider extraneous facts at the preliminary objection stage.

Citation
20120821 TZHC Mwanza 1
Parties
Plaintiff: Tibrus Assefnga; 1st Defendant: Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Augustino Massawe; 4th Defendant: Edmund Mjengwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2012
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred with costs.
Legal Topics
Limitation of Actions, Trespass to Land, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Trespass to Land Jurisdiction Preliminary Objection

Case Brief

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Parties

Tibrus Assefnga

Plaintiff

Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Augustino Massawe

3rd Defendant

Edmund Mjengwa

4th 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, Cap 89 RE: 2002
  2. 2 Whether the plaintiff can rely on time spent in other proceedings to extend limitation period

Ratio Decidendi

The suit is time barred as the cause of action (trespass) arose on 14/9/2002 and the suit was filed on 28/11/2008, exceeding the three-year limitation period prescribed by law. The plaintiff cannot rely on time spent in other proceedings as these are not pleaded in the plaint, and the court cannot consider extraneous facts at the preliminary objection stage.

Court Disposition

Suit dismissed as time barred with costs.

Orders

  • Suit dismissed as time barred.
  • Plaintiff to pay costs.