The Plaintiff filed a case claiming for the recovery of
house from the Defendant. The second Defendant claimed that he had occupied the
suit house as a tenant and then purchased it from the government in 1989. The
Plaintiff got knowledge of the alleged dispossession in 2000. The Defendant’s
advocate raised a preliminary objection that the suit is time bared because the
Plaintiff was aware of the occupation of the suit premise in 1989. The
Defendant had a second ground of the preliminary objection claiming that the
case was incompetent because the Plaintiff had no cause of action because the
suit premise had been legally confiscated by the Zanzibar government.

