Rajabu Hassani Mfaume (The adminstrator of the estate of the late hija kipara) Permanent Secretary of the ministry of Health and 3 Others, Civil Appeal No 207 of 2019.

This case provide ground to take consideration by minister of laws when extending time under section 44 of the law of limitations Act.,

🔴One, Minister is satisfied that it is just and equitable to do so in view of the circumstances of the case.

🔴Two, the grant should be made by the Minister after consultation with the Attorney General.

🔴 Three, the allowable extension must not exceed one-half of the period of limitation for such suit.

Secondly and more importantly, subsection (2) stipulates in clear terms that the period of extension so granted must commence to run immediately upon the expiry of the period prescribed by this Act.

It does not matter whether the grant is made before or after the expiry of the limitation period set by the Act for the suit.

By way of emphasis, we wish to restate, with approval, what the High Court held in Selemani Mohamed Mtoni {supra) that the Minister has no power to extend the period of limitation prescribed by the Act for a suit where the allowable period of one-ha If of the said period of limitation set by the Act has already elapsed.