Automated Summary
Key Facts
The plaintiff, acting as administrator for the estates of two deceased individuals (Zaituni Maulid Juma and Yasini Mikidadi Juma), filed a tort claim against Tanzania Electric Supply Co. Ltd (Tanesco) and the Attorney General. The suit was filed on 19 August 2022, 8 months after the administrator was appointed on 22 December 2021. The deceased died in July 2020. The court ruled that the three-year limitation period under the Law of Limitation Act applies to tort claims, overruling the defendants' objection that the suit was time-barred under the six-month provision of the Law Reform (Fatal Accidents) Act.
Issues
The primary issue was whether the Plaintiff's tort claim against Tanzania Electric Supply Co. Ltd (TANESCO) and the Attorney General was time-barred. The 1st Defendant argued the suit was filed more than 60 days after the administrator was appointed on 22 December 2021, citing section 9(3)(b) of the Law Reform (Fatal Accidents) Act. The Plaintiff countered that the 3-year limitation period under section 3 of the Law of Limitation Act applied, as the cause of action arose in July 2020 when the deceased died. The court had to determine which statute governed the time limit for a tort claim against the government and whether jurisdiction existed to entertain the suit.
Holdings
The court overruled the defendants' preliminary objection that the suit was time-barred. It determined that the tort claim against the Government was filed within the three-year limitation period under Section 3 Item 6 of the Law of Limitation Act, Cap 89, as the cause of action arose in July 2020, the administrator was appointed on 22 December 2021, and the suit was filed on 19 August 2022. The court rejected the application of the 60-day limitation under Section 9(3)(b) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap 310, emphasizing that the survival of causes of action provisions did not apply to this matter.
Remedies
The objection raised by the defendant is hereby overruled. In view of the circumstances, no order is made as to costs.
Legal Principles
The court applied the 3-year limitation period for tort claims under the Law of Limitation Act, Cap 89, starting from the date of administration of the deceased's estate (22 December 2021). It clarified that section 9(3)(b) of the Law Reform (Fatal Accidents) Act does not apply to this case as it concerns survival of causes of action, not limitation periods for tort claims against the government.
Precedent Name
- Juma Shamte Mtambo V John Roussousetal
- Fortunatus Rwanyantika and Another V Claver Motor Limited
Cited Statute
- Law of Limitation Act, Cap 89 [R.E 2019]
- Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap 310 [R.E.2009]
- Civil Procedure Code, Cap.33 [R.E 2019]
Judge Name
A. BAHATI SALEMA
Passage Text
- The Law of Limitation Act, Cap 89 under Section 3 Item 6 Part 1 to the Schedule provides a limitation of three years.
- It is a well-renowned principle under section 4 of the Law of Limitation Act, Cap.89 that the period of limitation begins to run from the date on which the right of action accrues. That is the date from which the cause of action arises. However, in cases of death, computation of time begins to run from the date that the letters of administration of the estate of the deceased are issued to the administrator; according to the provisions of section 25(1) of the Law of Limitation Act, Cap. 89.
- Consequently, the objection raised by the defendant is hereby overruled. In view of the circumstances, I make no order as to costs. Order accordingly.