CIVIL CASE NO

CIVIL CASE NO

Failure to properly serve and prove service of the ninety-day notice as required by section 6(2) of the Government Proceedings Act deprives the Court of jurisdiction to entertain the suit; the suit must be struck out.

Citation
CIVIL CASE NO
Parties
1st Plaintiff: Selina Thomas Mushi; 2nd Plaintiff: Selina Thomas Mushi (as next friend of Said Mussa Mnyagali); 3rd Plaintiff: Selina Thomas Mushi (as next friend of Specioza Mussa Mnyagali); 1st Defendant: Tanzania Electric Supply Company Ltd; 2nd Defendant: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit struck out for failure to issue and prove service of ninety-days notice as required by law.
Legal Topics
Preliminary Objection, Notice Requirement, Jurisdiction, Negligence
Source Language
English
Civil Procedure Government Liability Preliminary Objection Notice Requirement Jurisdiction Negligence

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Parties

Selina Thomas Mushi

1st Plaintiff

Selina Thomas Mushi (as next friend of Said Mussa Mnyagali)

2nd Plaintiff

Selina Thomas Mushi (as next friend of Specioza Mussa Mnyagali)

3rd Plaintiff

Tanzania Electric Supply Company Ltd

1st Defendant

Hon. Attorney General

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is maintainable without compliance with section 6(2) of the Government Proceedings Act
  2. 2 Whether proper ninety-day notice was served to the Government and its institutions

Ratio Decidendi

Failure to properly serve and prove service of the ninety-day notice as required by section 6(2) of the Government Proceedings Act deprives the Court of jurisdiction to entertain the suit; the suit must be struck out.

Court Disposition

Suit struck out for failure to issue and prove service of ninety-days notice as required by law.

Orders

  • Suit struck out
  • No order as to costs