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Tanzania decisions
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Plaintiff's medical condition did not amount to legal disability as defined by law; suit was filed outside the prescribed limitation period without Ministerial extension, rendering it time-barred.
Source excerpt
The suit is time-barred as it was filed after the aggregate limitation period (original plus permissible extension) expired. The Minister's extension beyond the statutory maximum was ultra vires and ineffectual. Legal disability was not pleaded as a ground for exemption in the Plaint and cannot be raised by submissions. Since limitation goes to jurisdiction, the suit is dismissed.
Source excerpt
The Court of Appeal dismissed a limitation objection, holding that the appellant’s pleaded period of legal disability could be excluded from time computation.
The Land Division held it lacked jurisdiction to appoint a next friend for a person of unsound mind where no land case was pending, and dismissed the application.
The High Court dismissed a land appeal, holding that the appellant failed to prove estate ownership of the disputed land and that one claim was time-barred.
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