In civil proceedings, period of limitation commences from the date on which the right of action for such proceeding accrues. Example, in the case of a suit for damages for inducing a person to break a contract, the right of action shall be deemed to have accrued on the date of the breach. Every proceeding which is instituted after the period of limitation shall be dismissed. However, in some circumstances, certain periods are excluded. Some of those circumstances are:

1. Defendant’s absence from Tanzania- In computing the period of limitation prescribed for any suit or an application for execution of a decree, the time during which the defendant has been absent from the United Republic shall be excluded.

2. Proceedings bon fide in court without jurisdiction- In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting, with due diligence, another civil proceeding, whether in a court of first instance or in a court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is incompetent to entertain it.

3. Suspension of proceedings- In computing the period of limitation prescribed for a proceeding the institution, continuance or conclusion of which has been stayed by injunction or order, the time during which the injunction or order remains in force, shall be excluded.

4. Pending of proceedings to set aside execution by sale - In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which any proceeding to set aside the sale has been prosecuted shall be excluded.

5. Death before right of action accrues- Where a person who would, if he were living, have a right of action in respect of any proceeding, dies before the right of action accrues, the period of limitation shall be computed from the first anniversary of the date of the death of the deceased or from the date when the right to sue accrues to the estate of the deceased, whichever is the later date.

Allowable time to institute Civil Suit in Tanzania.

A. Suit founded on tort- 3 years

B. Suit founded on contract not otherwise specifically provided for- 6 years

C. Suit to enforce an award- 6 years

D. Suit to recover any sum recoverable by virtue of a written law, other than a penalty or forfeiture or sum by way of penalty or forfeiture- 6 years

E. Suit to recover arrears of rent- 6 years

F. Suit to redeem land in possession of a mortgagee- 12 years

G. Suit for the forfeiture of mortgaged property- 12 years

H. Suit to recover land- 12 years

I. Suit by or on behalf of the Government- 6 years

J. A suit in respect of a claim to movable property of a deceased person whether under a will or intestacy- 12 years

K. Suit to recover arrears of interest payable in respect of any sum of money secured by a mortgage or payable in respect of the proceeds of the sale of land or to recover damages in respect of such arrears- 12 years

L. For compensation for doing or for omitting to do an act alleged to be in pursuance of any written law- 1 years

M. Suit to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of a written law- 2 years

N. Suit to recover contribution from a joint tortfeasor- 2 years

O. Suit to set aside a sale in execution of a decree of a court exercising civil jurisdiction- 2 years.

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