20110902 TZHC Moshi

20110902 TZHC Moshi

The appellant failed to apply for extension of time or seek exclusion of the period of alleged disability before filing the suit. Hospitalisation and confinement to bed do not automatically constitute disability under the Limitation Act unless properly pleaded and applied for. The suit was filed out of time and was properly dismissed by the trial court.

Citation
20110902 TZHC Moshi
Parties
Appellant: Yahaya Idd Segira; 1st Respondent: Trust Coach; 2nd Respondent: Robert Isaack Mushi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Limitation of Actions, Disability Under Limitation Law, Extension of Time
Source Language
English
Civil Procedure Tort Law Limitation of Actions Disability Under Limitation Law Extension of Time

Case Brief

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Parties

Yahaya Idd Segira

Appellant

Trust Coach

1st Respondent

Robert Isaack Mushi

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in dismissing the suit as time barred
  2. 2 Whether hospitalisation and confinement to bed constitute disability under the Limitation Act

Ratio Decidendi

The appellant failed to apply for extension of time or seek exclusion of the period of alleged disability before filing the suit. Hospitalisation and confinement to bed do not automatically constitute disability under the Limitation Act unless properly pleaded and applied for. The suit was filed out of time and was properly dismissed by the trial court.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.