charles ryoba 33 vs permanent secreatary of land and human sterement urban planning development another 2022 tzhclandd 12737 17 november 2022

charles ryoba 33 vs permanent secreatary of land and human sterement urban planning development another 2022 tzhclandd 12737 17 november 2022

The suit was filed without serving the mandatory statutory notice to the government as required by Section 6(2) of the Government Proceedings Act, rendering the suit incompetent and prematurely filed.

Citation
charles ryoba 33 vs permanent secreatary of land and human sterement urban planning development another 2022 tzhclandd 12737 17 november 2022
Parties
Plaintiffs: Charles Ryoba Machango, Felityo Lunogolo Kibangali, Ibrahim Said Mfaume & 34 Others; 1st Defendant: Permanent Secretary Ministry of Land and Human Settlement, Urban Planning and Developments; 2nd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 November 2022
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out for want of statutory notice to the government
Legal Topics
Limitation of Actions, Statutory Notice to Government, Pleading Requirements
Source Language
English
Civil Procedure Land Law Government Proceedings Limitation of Actions Statutory Notice to Government Pleading Requirements

Case Brief

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Parties

Charles Ryoba Machango, Felityo Lunogolo Kibangali, Ibrahim Said Mfaume & 34 Others

Plaintiffs

Permanent Secretary Ministry of Land and Human Settlement, Urban Planning and Developments

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the suit contravenes Section 6(2) of the Government Proceedings Act by failing to serve statutory notice

Ratio Decidendi

The suit was filed without serving the mandatory statutory notice to the government as required by Section 6(2) of the Government Proceedings Act, rendering the suit incompetent and prematurely filed.

Court Disposition

Suit struck out for want of statutory notice to the government