Limitation of Time
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The law imposes strict time limits, known as limitation periods, within which civil actions must be commenced in court. If a limitation period does apply and it expires, it may be difficult or impossible to commence legal proceedings, even if your case has merit
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JOHN BARNABA MACHERA VS. NORTH MARA GOLD MINE LIMITED. CIVIL APPEAL NO. 204 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-19)HELD i) it is on record that two points of preliminary objection over time limitation were raised in alternative before the predecessor Judge and the decision thereof was delivered. The first preliminary objection was ... -
FORTUNATUS LWANYANTIKA MASHA AND ANOTHERS VS. CLAVER MOTORS LIMITED.CIVIL APPEAL NO. 144 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)HELD i) he prescribed time on a suit for recovery of land is twelve (12) years from the date when the cause of action accrued. ii) It is on record that the appellants' suit was filed on 28th April, 2017 after lapse of ... -
METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD. CIVIL APPEAL No. 266 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)Held: (i)Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii)The exclusion is automatic as long ... -
COMPUTER LOGIX LIMITED AND ANOTHER VS. ZAMZAM SHADADIISSA AND SEIF ISSA FIKIRINI (Administrators of the estate of the late FIKIRINI ISSA KOCHO. CIVIL APPLICATION NO. 538/01 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-29)HELD 4.Exclusion of time spent in preparation and supply of a certified copy of proceedings apply only to an appeal, not an application. Thus, the provision of Rule 90(1) can not be invoked where the applicant fails to ... -
BUKOBA MUNICIPAL COUNCIL VS. NEW METRO MERCHANDISE. CIVIL APPEAL NO, 374 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-11)Held (i). Section 19 (2) and (3) of the Law of Limitation Act provides for an automatic exclusion of time requisite for obtaining a copy of the decree or judgment appealed from when computing the period of limitation for ...
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