edith wambura vs registration insolvency and trusteeship agency rita legal perssonal representative of james konsel wambura another 2018 tzhclandd 18 21 february 2018.

edith wambura vs registration insolvency and trusteeship agency rita legal perssonal representative of james konsel wambura another 2018 tzhclandd 18 21 february 2018.

RITA is a Government Agency under the Attorney General, so the Plaintiff was required to serve a 90 days' notice under section 6(2) of the Government Proceedings Act before instituting the suit. Failure to do so renders the plaint incompetent.

Citation
edith wambura vs registration insolvency and trusteeship agency rita legal perssonal representative of james konsel wambura another 2018 tzhclandd 18 21 february 2018.
Parties
Plaintiff: Edith Wambura; 1st Defendant: Registration Insolvency and Trusteeship Agency (RITA) (As a legal Personal Representative of James Konsel Wambura); 2nd Defendant: YONO Auction ES Malt
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 February 2018
Procedural Posture
Land Case / Preliminary Objection Ruling
Outcome
Suit struck out with costs
Legal Topics
Government Proceedings, Requirement of Statutory Notice, Competency of Suit
Source Language
English
Civil Procedure Land Law Government Proceedings Requirement of Statutory Notice Competency of Suit

Case Brief

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Parties

Edith Wambura

Plaintiff

Registration Insolvency and Trusteeship Agency (RITA) (As a legal Personal Representative of James Konsel Wambura)

1st Defendant

YONO Auction ES Malt

2nd Defendant

Procedural Posture

Land Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether RITA is a Government Agency requiring statutory notice under section 6(2) of the Government Proceedings Act before being sued

Ratio Decidendi

RITA is a Government Agency under the Attorney General, so the Plaintiff was required to serve a 90 days' notice under section 6(2) of the Government Proceedings Act before instituting the suit. Failure to do so renders the plaint incompetent.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs