maingu sorwa vs attorney general 2006 tzhc 107 4 august 2006

The issues raised in the preliminary objection require the ascertainment of facts and are not purely points of law; therefore, they cannot be disposed of by way of preliminary objection.

Citation: maingu sorwa vs attorney general 2006 tzhc 107 4 august 2006
Parties: Plaintiff: Maingu Sorwa; Defendant: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 August 2006
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: Preliminary Objection dismissed with costs.
Legal Topics: Malicious Prosecution, Preliminary Objection, Notice to Government, Cause of Action
Source Language: English

Tort Law Civil Procedure Government Liability Malicious Prosecution Preliminary Objection Notice to Government Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

Parties

Maingu Sorwa

Plaintiff

The Attorney General

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is bad in law for contravening the Government Proceedings Act, 1967 by failing to give ninety days' notice to the proper government institution
2 Whether the plaint discloses a cause of action against the Attorney General

Ratio Decidendi

The issues raised in the preliminary objection require the ascertainment of facts and are not purely points of law; therefore, they cannot be disposed of by way of preliminary objection.

Court Disposition

Preliminary Objection dismissed with costs.

Orders

Both grounds of the Preliminary Objection are dismissed with costs.