Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court dismissed the suit as time-barred, holding that leave to refile after withdrawal did not extend limitation.
Preliminary objections lack merit as withdrawal and refiling of suit allows amendment of parties and causes of action; cause of action against 3rd defendant is disclosed in the plaint; joining 3rd defendant is proper as allegations are linked to them.
Source excerpt
The suit is not time barred as the cause of action arose in 2011, and the time spent prosecuting the previous application is excluded. The withdrawal of the previous suit due to lack of jurisdiction does not preclude refiling. The plaint contains sufficient facts showing jurisdiction and adequately describes the land. All preliminary objections are overruled.
Source excerpt
The suit is time barred as it was filed more than 6 years after the cause of action arose on 28/04/2017. Section 22 of the Law of Limitation Act does not apply to periods when proceedings are stayed pending arbitration. Withdrawal and refiling of the previous suit did not stop the limitation period. The suit is dismissed for being filed outside the prescribed limitation period.
Source excerpt
The High Court dismissed an application to re-file a civil suit out of time, holding it lacked jurisdiction and that extension of time had to be sought from the Minister.
The court dismissed a preliminary objection on limitation, holding that the fresh suit was not time-barred once the pending leave-to-withdraw period was excluded.
Explore more
