tibrus assenga vs attorney general others 2012 tzhc 131 21 august 2012

tibrus assenga vs attorney general others 2012 tzhc 131 21 august 2012

The suit is time barred as the cause of action for trespass arose on 14/9/2002 and the suit was filed on 28/11/2008, exceeding the three-year limitation period. The plaintiff cannot rely on section 21 of the Law of Limitation Act as the prior proceedings are not pleaded, and preliminary objections must be determined on the pleadings alone.

Citation
tibrus assenga vs attorney general others 2012 tzhc 131 21 august 2012
Parties
Plaintiff: Tibrus Assenga; 1st Defendant: Attorney General; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Augustino Massawe; 4th Defendant: Edmundi 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 Assenga

Plaintiff

Attorney General

1st Defendant

Commissioner for Lands

2nd Defendant

Augustino Massawe

3rd Defendant

Edmundi Mjengwa

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff's claim for trespass is time barred under the Law of Limitation Act, Cap 89 RE: 2002

Ratio Decidendi

The suit is time barred as the cause of action for trespass arose on 14/9/2002 and the suit was filed on 28/11/2008, exceeding the three-year limitation period. The plaintiff cannot rely on section 21 of the Law of Limitation Act as the prior proceedings are not pleaded, and preliminary objections must be determined on the pleadings alone.

Court Disposition

Suit dismissed as time barred with costs.

Orders

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