THE LAW OF LIMITATION

The “LAW OF LIMITATION” prescribes the time limit for different suits within, which the aggrieved person can approach, the court for redress or justice.

 One may ask why should there be “LIMITATION IN FILING A CASE IN COURT “? It should be understood that the concept of limitation is to prevent an aggrieved party to institute/ start a suit after a certain period of time has elapsed. The main purpose of LAW OF LIMITATION is to protect Defendants being prosecuted after certain period of time, the reason being a) a plaintiff with a valid cause of action should pursue it with reasonable diligence b) a Defendant might have lost evidence to disprove a stale claim c) a long dormant claim has more cruelty than justice.

To some point this theory of LIMITATION may be looked upon as justification to deprive a man of his rights but well, law is/ has been enacted to protect both the Plaintiff and Defendant equally while in search of justice.

In Tanzania THE LAW OF LIMITATION ACT governs the Law of Limitation as such the said statute is divided in three parts, part 1 being limitation in filing or opening a suits in court, part 2 being limitations in filling appeals and part 3 being limitations in filing applications.

It should be noted that one should not delay in filing a case otherwise may end up losing a case before it starts, although the law provides for room for a litigant to file an applications beyond the prescribed period of limitation provided; one is able to establish that he/she was prevented by sufficient cause from approaching the Court within said period.