20151029 TZHC Dar es Salaam1

20151029 TZHC Dar es Salaam1

The plaintiff did submit a ninety days' notice of intention to sue the Government before instituting the suit, and although the amount claimed in the notice differed from the plaint, the basis of the claim was specified. Service to the Attorney General was proper and sufficient under the law. Therefore, the preliminary objection was overruled.

Citation
20151029 TZHC Dar es Salaam1
Parties
Plaintiff: Ishara Godfrey; 1st Defendant: Camilus Wambura; 2nd Defendant: F. 6041 PC John; 3rd Defendant: Inspector General of Police (IGP); 4th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2015
Procedural Posture
Miscellaneous Civil Case / Ruling on Preliminary Objection Before Trial
Outcome
Preliminary objection overruled with costs.
Legal Topics
Notice of Intention to Sue Government, Malicious Prosecution, Preliminary Objection, Service of Notice
Source Language
English
Civil Procedure Government Liability Notice of Intention to Sue Government Malicious Prosecution Preliminary Objection Service of Notice

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Parties

Ishara Godfrey

Plaintiff

Camilus Wambura

1st Defendant

F. 6041 PC John

2nd Defendant

Inspector General of Police (IGP)

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Miscellaneous Civil Case / Ruling on Preliminary Objection Before Trial

Legal Issues

  1. 1 Whether the plaintiff issued a valid ninety days' notice of intention to sue the Government as required by S. 6(2) of the Government Proceedings Act
  2. 2 Whether the notice was properly served to the appropriate government officer

Ratio Decidendi

The plaintiff did submit a ninety days' notice of intention to sue the Government before instituting the suit, and although the amount claimed in the notice differed from the plaint, the basis of the claim was specified. Service to the Attorney General was proper and sufficient under the law. Therefore, the preliminary objection was overruled.

Court Disposition

Preliminary objection overruled with costs.

Orders

  • First pre-trial conference scheduled for 7/12/2015