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The letter dated 12th February 2019 was not an acknowledgment of debt as it was not directed to the Plaintiff, did not specify the amount, and was an internal government communication. Therefore, the Plaintiff cannot rely on section 27(3) of the Law of Limitation Act, and the suit is time-barred.
Source excerpt
High Court ruling on preliminary objections in a contract debt suit: limitation was held defeated by acknowledgments of debt, and both sides’ objections were overruled.
The appellant discharged the evidential burden on the balance of probabilities for the amount acknowledged by the respondent (TZS 13,442,517), supported by Exh Pl and admissions during cross-examination. The trial court erred in discarding Exh Pl and denying its probative value.
Source excerpt
The High Court entered judgment on admission for the plaintiff after finding the defence failed to specifically deny material allegations in a commercial debt claim.
The High Court of Tanzania awarded Hash Energy partial relief for unpaid petroleum products and gas oil auctioned by TRA, but rejected general damages and sale of property.
The High Court held that a 2002 letter was a valid acknowledgment of debt, so the commercial claim was not time-barred and the preliminary objection failed.
Commercial debt recovery dispute over petroleum supplies. The High Court held the defendant knowingly signed a settlement agreement and entered judgment for the plaintiff.
The High Court dismissed a limitation-based preliminary objection, holding the contract claim was filed within time because of continuing breach and later acknowledgment.
The High Court held that Section 21(3) of the Law of Limitation Act did not apply to the tort claim, and struck out the suit as time-barred with costs.
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