20010716 TZHC Dar es Salaam

20010716 TZHC Dar es Salaam

There is no vicarious liability or cause of action disclosed against the Government; the Police Force of Tanzania is not a suable entity.

Citation
20010716 TZHC Dar es Salaam
Parties
Plaintiff: Gideon Mafwiri; Defendant: Sanson Deleman Madatu; Defendant: Lucas Masholla; Defendant: The Police Force of Tanzania; Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 July 2001
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections upheld; 3rd and 4th defendants struck out.
Legal Topics
Defamation, False Imprisonment, Vicarious Liability, Suing Government Entities, Preliminary Objection
Source Language
English
Tort Law Civil Procedure Defamation False Imprisonment Vicarious Liability Suing Government Entities Preliminary Objection

Case Brief

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Parties

Gideon Mafwiri

Plaintiff

Sanson Deleman Madatu

Defendant

Lucas Masholla

Defendant

The Police Force of Tanzania

Defendant

Attorney General

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the Government
  2. 2 Whether the Police Force of Tanzania is a suable entity

Ratio Decidendi

There is no vicarious liability or cause of action disclosed against the Government; the Police Force of Tanzania is not a suable entity.

Court Disposition

Preliminary objections upheld; 3rd and 4th defendants struck out.

Orders

  • The name of the 4th defendant (Attorney General) is deleted from the pleadings.
  • The 3rd defendant (Police Force of Tanzania) is struck out as a party.