audacity intercon t limited vs bukombe district council another 2022 tzhc 9662 27 may 2022
The plaintiff failed to provide proof of service of the mandatory 90 days' notice to the Attorney General and Solicitor General as required by law; therefore, the suit is incompetent and must be struck out.
- Citation
- audacity intercon t limited vs bukombe district council another 2022 tzhc 9662 27 may 2022
- Parties
- Plaintiff: Audacity Intercon (T) Limited; 1st Defendant: Bukombe District Council; 2nd Defendant: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 May 2022
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- suit struck out
- Legal Topics
- Notice of Intention to Sue, Government Proceedings, Preliminary Objection, Service of Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Audacity Intercon (T) Limited
Plaintiff
Bukombe District Council
1st Defendant
The Attorney General
2nd Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is incompetent for lack of prior 90 days' notice to the Attorney General and Solicitor General as required by law
Ratio Decidendi
The plaintiff failed to provide proof of service of the mandatory 90 days' notice to the Attorney General and Solicitor General as required by law; therefore, the suit is incompetent and must be struck out.
Court Disposition
suit struck out
Orders
- The suit is struck out for incompetence due to lack of proof of service of the 90 days' notice to the Attorney General and Solicitor General.
- No order as to costs.
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