20031204 TZHC Arusha

20031204 TZHC Arusha

Both the application and the representative suit are incompetent in law for failure to issue the statutory 90 days' notice to the relevant Minister as required by the Government Proceedings Act and for instituting a representative suit without first obtaining leave of the court under Order I Rule 8 of the Civil Procedure Code. Service of notice on the Attorney General alone does not satisfy the statutory requirement.

Citation
20031204 TZHC Arusha
Parties
Applicants/plaintiffs: Loserian Lavutaki and 69 others; Respondent/defendant: Minister for Lands, Housing and Urban Development; Respondent/defendant: Attorney General of Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2003
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application and suit struck out as incompetent in law
Legal Topics
Representative Suits, Notice Requirement Before Suing Government, Order I Rule 8 Civil Procedure Code, Section 6(2) Government Proceedings Act
Source Language
English
Civil Procedure Government Proceedings Representative Suits Notice Requirement Before Suing Government Order I Rule 8 Civil Procedure Code Section 6(2) Government Proceedings Act

Case Brief

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Parties

Loserian Lavutaki and 69 others

Applicants/plaintiffs

Minister for Lands, Housing and Urban Development

Respondent/defendant

Attorney General of Tanzania

Respondent/defendant

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application and suit are incompetent for failure to issue statutory 90 days' notice to the government as required by the Government Proceedings Act
  2. 2 Whether the representative suit was properly instituted without prior leave of the court under Order I Rule 8 of the Civil Procedure Code

Ratio Decidendi

Both the application and the representative suit are incompetent in law for failure to issue the statutory 90 days' notice to the relevant Minister as required by the Government Proceedings Act and for instituting a representative suit without first obtaining leave of the court under Order I Rule 8 of the Civil Procedure Code. Service of notice on the Attorney General alone does not satisfy the statutory requirement.

Court Disposition

Application and suit struck out as incompetent in law

Orders

  • Both the purported representative suit and the application for leave are struck out for being incompetent in law.
  • Respondents/defendants awarded costs.