20140911 TZHC Dar es Salaam

20140911 TZHC Dar es Salaam

The suit is fatally defective as the mandatory notice to sue the Government was issued after the suit was filed, contrary to section 6(2) of the Government Proceedings Act, and the plaint failed to disclose when the cause of action arose, violating Order VII Rule 1(e) of the Civil Procedure Code. Both defects render the suit unmaintainable in law.

Citation
20140911 TZHC Dar es Salaam
Parties
Plaintiff: Anna Joseph Luvanda; 1st Defendant: Swaibu Salim Hoza; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Registrar of Titles
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 September 2014
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out
Legal Topics
Preliminary Objection, Notice of Intention to Sue Government, Pleading Requirements, Limitation Period
Source Language
English
Civil Procedure Land Law Government Proceedings Preliminary Objection Notice of Intention to Sue Government Pleading Requirements Limitation Period

Case Brief

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Parties

Anna Joseph Luvanda

Plaintiff

Swaibu Salim Hoza

1st Defendant

Commissioner for Lands

2nd Defendant

Registrar of Titles

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is fatally defective for contravening section 6(2) & (3) of the Government Proceedings Act, Cap 5 R.E 2002
  2. 2 Whether the suit is fatally defective for non-disclosure of the date of the cause of action

Ratio Decidendi

The suit is fatally defective as the mandatory notice to sue the Government was issued after the suit was filed, contrary to section 6(2) of the Government Proceedings Act, and the plaint failed to disclose when the cause of action arose, violating Order VII Rule 1(e) of the Civil Procedure Code. Both defects render the suit unmaintainable in law.

Court Disposition

Suit struck out

Orders

  • Suit between the parties is struck out for being bad in law.
  • Each party to bear its own costs.