FORTUNATUS LWANYANTIKA MASHA AND ANOTHERS VS. CLAVER MOTORS LIMITED.CIVIL APPEAL NO. 144 OF 2019.

Abstract

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 twelve years of recovery of land prescribed by the Act. Therefore, to rescue their suit, the appellants were required to comply with the requirement of Order VII Rule 6 of the CPC which provides that: "Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed." iii) It is settled that communications or negotiations between the parties is not a ground for stopping the running of the time