juma idd rashid vs tanzania commercial bank limited 2023 tzhclandd 16866 8 september 2023

The suit was instituted without compliance to the mandatory statutory notice requirement under section 6(2) of the Government Proceedings Act, rendering it incompetent.

Citation: juma idd rashid vs tanzania commercial bank limited 2023 tzhclandd 16866 8 september 2023
Parties: Plaintiff: Juma Idd Rashid; 1st Defendant: Tanzania Commercial Bank Limited; 2nd Defendant: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 8 September 2023
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Suit struck out with costs.
Legal Topics: Statutory Notice Requirement, Procedural Compliance, Striking Out Suit
Source Language: English

Civil Procedure Government Proceedings Land Law Statutory Notice Requirement Procedural Compliance Striking Out Suit

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Parties

Juma Idd Rashid

Plaintiff

Tanzania Commercial Bank Limited

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to serve statutory notice to the responsible department renders the suit incompetent

Ratio Decidendi

The suit was instituted without compliance to the mandatory statutory notice requirement under section 6(2) of the Government Proceedings Act, rendering it incompetent.

Court Disposition

Suit struck out with costs.

Orders

Suit struck out.
Plaintiff to pay costs.