mashaka abdallah and another vs bariadi town council and 2 others 2021 tzhc 6534 10 september 2021

mashaka abdallah and another vs bariadi town council and 2 others 2021 tzhc 6534 10 september 2021

The suit is incompetent for failure to provide proof of service of the notice of intention to sue to the Attorney General and Solicitor General, which is a mandatory legal requirement.

Source-derived case information.

Citation
mashaka abdallah and another vs bariadi town council and 2 others 2021 tzhc 6534 10 september 2021
Parties
Plaintiff: Mashaka Abdallah; Plaintiff: Julius Boniphace Magumba; Defendant: Bariadi Town Council; Defendant: The Ministry of Home Affairs; Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 September 2021
Procedural Posture
Land Case / Ruling on Preliminary Objections
Outcome
Suit struck out as incompetent
Legal Topics
Limitation of Actions, Notice of Intention to Sue Government, Competence of Suit
Source Language
english
Civil Procedure Land Law Administrative Law Limitation of Actions Notice of Intention to Sue Government Competence of Suit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mashaka Abdallah

Plaintiff

Julius Boniphace Magumba

Plaintiff

Bariadi Town Council

Defendant

The Ministry of Home Affairs

Defendant

The Attorney General

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objections

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 notice of intention to sue to the Attorney General and Solicitor General
  3. 3 Whether the plaintiffs have a cause of action against the defendants

Ratio Decidendi

The suit is incompetent for failure to provide proof of service of the notice of intention to sue to the Attorney General and Solicitor General, which is a mandatory legal requirement.

Court Disposition

Suit struck out as incompetent

Orders

  • Suit struck out for want of proper service of notice of intention to sue to the Attorney General and Solicitor General
  • No order as to costs