Regional Land Officer, Tabora v. Harub Haited, Civ. App. 159-M-69, 18/9/69, Bramble J.

 Regional Land Officer, Tabora v. Harub Haited, Civ. App. 159-M-69, 18/9/69, Bramble J.

The appellant/plaintiff, the Regional Land Officer, Tabora, sued the respondent for arrears of land rent to the extent of Shs. 600/- for the period 1962 to 1966. He obtained judgment for 1965/66 and the learned Resident Magistrate held that the rent for 1962 to 1964 inclusive was statute barred. This is an appeal against that decision.

Held: “The only question …….. is what is the period of limitation for suits by or on behalf of the Government of Tanzania. In Rajani v. Waring (4) (1963), 1 T.L.R., 574, it was held that by virtue of article 149 of the Indian Limitation Act, 1909, the period of limitation in respect of suits by or on behalf of the Government is sixty years. The appellant is an officer designated under section 2 of the Government Suits Ordinance to sue on behalf of the Government of Tanzania, and in Patel v. Commissioner of Income Tax (1961) E.A.L.R., it was held that the limitation prescribed by section 149 should apply in the case of an officer so designated. On these authorities, it is clear that article 3 of the Indian Limitation Act which limits the period for recovery of rent to three years does not apply in the instant case and that the limitation period is sixty years. There was, therefore a misdirection in law.” Appeal allowed.