jamila hussein almansa vs the kigamboni municipal council another 2023 tzhclandd 16931 4 september 2023

jamila hussein almansa vs the kigamboni municipal council another 2023 tzhclandd 16931 4 september 2023

The application was struck out because the applicant failed to serve the mandatory 90 days' notice of intention to sue the Government prior to instituting the application, contravening Section 6(2) of the Government Proceedings Act.

Citation
jamila hussein almansa vs the kigamboni municipal council another 2023 tzhclandd 16931 4 september 2023
Parties
Applicant: Jamila Hussein Almansa; 1st Respondent: The Kigamboni Municipal Council; 2nd Respondent: Attorney General of the United Republic of Tanzania
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2023
Procedural Posture
Miscellaneous Application (mareva Injunction) / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Mareva Injunction, Notice of Intention to Sue Government, Affidavit Requirements, Striking Out Applications
Source Language
English
Civil Procedure Government Proceedings Land Law Mareva Injunction Notice of Intention to Sue Government Affidavit Requirements Striking Out Applications

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Parties

Jamila Hussein Almansa

Applicant

The Kigamboni Municipal Council

1st Respondent

Attorney General of the United Republic of Tanzania

2nd Respondent

Procedural Posture

Miscellaneous Application (mareva Injunction) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is maintainable without prior service of 90 days' notice to the Government under Section 6(2) of the Government Proceedings Act
  2. 2 Whether the affidavit in support of the application is defective for being based on hearsay

Ratio Decidendi

The application was struck out because the applicant failed to serve the mandatory 90 days' notice of intention to sue the Government prior to instituting the application, contravening Section 6(2) of the Government Proceedings Act.

Court Disposition

Application struck out

Orders

  • Application struck out for failure to comply with Section 6(2) of the Government Proceedings Act
  • No order as to costs