Mtashiwa v Mtashiwa
Mtashiwa v Mtashiwa (Civil Appeal No. 87 of 1955) [1950] EACA 52 (1 January 1950)
The Court of Appeal determined that the respondent's suit was fundamentally based on fraud, specifically the appellant's act of taking conveyance of the property in his own name despite the purchase money being provided by the respondent. The relevant limitation provision is article 91 of the Limitation Decree, which prescribes a three-year period for suits based on fraud. Since the respondent discovered the fraudulent act in December 1948 but instituted proceedings only in July 1953, the claim was time-barred. The Court rejected the application of articles 142 and 116, finding that the facts…
Source excerpt
- Limitation Periods
- Fraudulent Conveyance
- Declaration Of Ownership
- Possession Of Immovable Property