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Gaudensia Samwel v. Mechor Marcel, (PC) Civ. App. 47-M-67, 31/8/67, Mustafa J.



Gaudensia Samwel v. Mechor Marcel, (PC) Civ. App. 47-M-67, 31/8/67, Mustafa J.

Plaintiff sued defendant of an account for goods sold to defendant’s father. Defendants last cash payments had been in 1960, at which time she had also signed a written acknowledgment of liability. The present action was filed in Bukoba Primary Court in August 1965.

            Held: (1) Under section 14 of the Magistrate Courts Act, it is doubtful that the Primary Court had jurisdiction to deal with this action. However, “since neither party had raised this question …. I do not propose myself to raise it, especially as the facts … are quite clear and in my view any court would have perhaps dealt with the matter in the way it was dealt with by the primary court.” (2) The period of limitation in cases like this is 3 years from the date of the accrual of the cause of action. However, section 2 of the Primary Courts Customary  Law (Limitation of Proceedings) Rules, G. N. 311 of 1964, provides for a period of 3 years from the accrual of the cause of action or from the day the Rules came into operation, “chic hover is later.” Since the plaint was filed in Primary Court, these rules apply, and the claim is therefore not time-barred. Defendant’s appeal dismissed.

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