CIVIL CASE NO

CIVIL CASE NO

The suit was struck out for failure to comply with the mandatory requirement of serving 90 days' notice to the Attorney General and Solicitor General prior to filing, rendering the suit incompetent.

Citation
CIVIL CASE NO
Parties
Plaintiff: Maguye Shanyagi Machota; 1st Defendant: Steven Michael; 2nd Defendant: Inspector General of Police Force; 3rd Defendant: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 July 2024
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit struck out for want of fulfillment of statutory requirements.
Legal Topics
Preliminary Objection, Limitation Period, Notice to Attorney General, Striking Out Suit
Source Language
English
Civil Procedure Government Proceedings Limitation Law Preliminary Objection Limitation Period Notice to Attorney General Striking Out Suit

Case Brief

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Parties

Maguye Shanyagi Machota

Plaintiff

Steven Michael

1st Defendant

Inspector General of Police Force

2nd Defendant

Hon. Attorney General

3rd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time-barred under the Law of Limitation Act
  2. 2 Whether the suit is incompetent for failure to serve 90 days' notice to Attorney General and Solicitor General

Ratio Decidendi

The suit was struck out for failure to comply with the mandatory requirement of serving 90 days' notice to the Attorney General and Solicitor General prior to filing, rendering the suit incompetent.

Court Disposition

Suit struck out for want of fulfillment of statutory requirements.

Orders

  • Plaint struck out for failure to serve 90 days' notice to Attorney General and Solicitor General.