lidey m kibona vs godfrey conrad mosha 2020 tzhclandd 2266 4 september 2020

lidey m kibona vs godfrey conrad mosha 2020 tzhclandd 2266 4 september 2020

The statutory notice attached to the plaint did not specify the basis of the claim against the 4th defendant, as required by section 6(2) of the Government Proceedings Act. The suit is therefore incompetent and must be struck out for non-compliance and non-joinder of a necessary party.

Source-derived case information.

Citation
lidey m kibona vs godfrey conrad mosha 2020 tzhclandd 2266 4 september 2020
Parties
Plaintiff: Lidey M. Kibona; 1st Defendant: Godfrey Conrad Mosha; 2nd Defendant: Moses Dominicus Nombo; 3rd Defendant: Municipal Director, Kinondoni Municipal Council; 4th Defendant: Commissioner for Lands, Ministry of Lands & Human Settlement; 5th Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs for being incompetent.
Legal Topics
Statutory Notice Requirement, Non Joinder of Necessary Party, Government Proceedings Act Compliance
Source Language
english
Civil Procedure Land Law Statutory Notice Requirement Non Joinder of Necessary Party Government Proceedings Act Compliance

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Summary, issues, holding and outcome

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Parties

Lidey M. Kibona

Plaintiff

Godfrey Conrad Mosha

1st Defendant

Moses Dominicus Nombo

2nd Defendant

Municipal Director, Kinondoni Municipal Council

3rd Defendant

Commissioner for Lands, Ministry of Lands & Human Settlement

4th Defendant

The Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is maintainable against the 4th and 5th defendants for want of proper statutory notice
  2. 2 Whether the suit is fatally defective for non-joinder of a necessary party

Ratio Decidendi

The statutory notice attached to the plaint did not specify the basis of the claim against the 4th defendant, as required by section 6(2) of the Government Proceedings Act. The suit is therefore incompetent and must be struck out for non-compliance and non-joinder of a necessary party.

Court Disposition

Suit struck out with costs for being incompetent.

Orders

  • Suit struck out with costs.