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Tanzania decisions
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The suit is not time barred because the credit facility agreement constitutes a continuing breach, and the limitation period may be reset with each instance of breach until the expiry of the agreement term in September 2026.
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The High Court extended time and revised a CMA ruling after finding that unpaid salary claims involved a continuing breach and that delay was sufficiently explained.
The High Court held that the defendant’s alleged rent default was a continuing breach, so the commercial suit was not time-barred and could proceed.
The Court of Appeal held that a time-bar ruling in a prior suit was conclusive, so a fresh suit on the same subject matter was barred and the appeal succeeded.
The claim for TZS 200,000,000.00 was time barred as the cause of action accrued on 24/4/2001 and the suit was filed after the 6-year limitation period; the USD 600,000.00 facility was fully serviced by the appellants and not outstanding; the trial court erred in awarding the respondent the full claimed amount and interest.
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The claim for TZS 200,000,000.00 was time barred as the cause of action accrued on 24/4/2001 and the suit was filed on 13/6/2007, exceeding the six-year limitation period. The USD 600,000.00 facility was fully serviced by the appellants, as evidenced by the respondent's own witness. The trial court erred in holding the appellants liable for both facilities and awarding the full claim.
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Failure to plead grounds for exemption from limitation in the plaint renders the suit time barred and subject to rejection under Order VII Rule 11(c) of the Civil Procedure Act.
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Striking out the previous suit for being time barred did not render the court functus officio; the plaintiff is at liberty to refile the suit. The preliminary objection lacks merit and is dismissed with costs.
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The suit was filed out of time and the plaint failed to plead exemption from limitation as required by Order VII rule 6 of the Civil Procedure Code; therefore, the suit must be struck out.
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The High Court held that a limitation objection failed because the alleged continuing breach delayed accrual of the cause of action until repudiation in September 2003.
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