Land Case No

Land Case No

The cause of action arose in 1994 when Plaintiff was notified that the land was allocated to the First Defendant. The suit, filed in 2024, is time barred as it exceeds the twelve-year limitation period for recovery of land.

Citation
Land Case No
Parties
Plaintiff: Yona Mtui; 1st Defendant: Susan Nova Mugurusi; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Registrar of Titles; 4th Defendant: Minister of Lands; 5th Defendant: Honorable Attorneys General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed as time barred
Legal Topics
Limitation of Actions, Government Proceedings, Recovery of Land
Source Language
English
Land Law Civil Procedure Limitation of Actions Government Proceedings Recovery of Land

Case Brief

Summary, issues, holding and outcome

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Parties

Yona Mtui

Plaintiff

Susan Nova Mugurusi

1st Defendant

Commissioner for Lands

2nd Defendant

Registrar of Titles

3rd Defendant

Minister of Lands

4th Defendant

Honorable Attorneys General

5th 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
  2. 2 Whether the suit contravenes section 6(2) of the Government Proceedings Act

Ratio Decidendi

The cause of action arose in 1994 when Plaintiff was notified that the land was allocated to the First Defendant. The suit, filed in 2024, is time barred as it exceeds the twelve-year limitation period for recovery of land.

Court Disposition

Suit dismissed as time barred

Orders

  • Suit dismissed
  • No order for costs