gervas john vs leonce leringo others 2016 tzhc 2128 20 june 2016

gervas john vs leonce leringo others 2016 tzhc 2128 20 june 2016

Plaintiff failed to plead and prove submission of statutory notice to the government department and Attorney General as required by s.6(2) of the Government Proceedings Act; suit is incompetent and must be struck out.

Citation
gervas john vs leonce leringo others 2016 tzhc 2128 20 june 2016
Parties
Plaintiff: Gervas John; 1st Defendant: Leonce Leringo; 2nd Defendant: Tanzania Forestry Research Institute; 3rd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 June 2016
Procedural Posture
Civil / Ruling on Preliminary Issue
Outcome
suit struck out for incompetence
Legal Topics
Government Proceedings, Notice Requirements, Strike Out for Incompetence
Source Language
English
Civil Procedure Government Litigation Government Proceedings Notice Requirements Strike Out for Incompetence

Case Brief

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Parties

Gervas John

Plaintiff

Leonce Leringo

1st Defendant

Tanzania Forestry Research Institute

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Issue

Legal Issues

  1. 1 Whether the plaintiff complied with the statutory notice requirements under s.6(2) of the Government Proceedings Act before instituting suit against the government

Ratio Decidendi

Plaintiff failed to plead and prove submission of statutory notice to the government department and Attorney General as required by s.6(2) of the Government Proceedings Act; suit is incompetent and must be struck out.

Court Disposition

suit struck out for incompetence

Orders

  • Suit struck out for non-compliance with s.6(2) of Government Proceedings Act
  • Each party to bear own costs