RULING Ibihi Construction Co

RULING Ibihi Construction Co

Failure to serve a copy of the notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act renders the suit incompetent and warrants striking out.

Citation
RULING Ibihi Construction Co
Parties
Plaintiff: Ibihi Construction Co. Ltd; 1st Defendant: Tunduru District Council; 2nd Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 December 2024
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
suit struck out for incompetence
Legal Topics
Preliminary Objection, Notice of Intention to Sue, Government Proceedings, Jurisdiction
Source Language
English
Civil Procedure Government Litigation Preliminary Objection Notice of Intention to Sue Government Proceedings Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ibihi Construction Co. Ltd

Plaintiff

Tunduru District Council

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve a copy of the notice of intention to sue to the Attorney General renders the suit incompetent

Ratio Decidendi

Failure to serve a copy of the notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act renders the suit incompetent and warrants striking out.

Court Disposition

suit struck out for incompetence

Orders

  • each party to bear its own costs