maswi driling coltd vs chato district council and another 2023 tzhc 16555 5 april 2023
The suit was struck out because the plaintiff failed to comply with the mandatory legal requirement to serve a 90 days' notice of intention to sue upon the defendants and Solicitor General, and no evidence of service was provided in the pleadings or annexures.
- Citation
- maswi driling coltd vs chato district council and another 2023 tzhc 16555 5 april 2023
- Parties
- Plaintiff: Maswi Drilling Co. Ltd; 1st Defendant: Chato District Council; 2nd Defendant: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 April 2023
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; suit struck out
- Legal Topics
- Preliminary Objection, Notice of Intention to Sue, Government Proceedings, Local Government Liability
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Maswi Drilling Co. Ltd
Plaintiff
Chato District Council
1st Defendant
The Attorney General
2nd Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is incompetent for lack of proper service of 90 days' notice to defendants and Solicitor General
Ratio Decidendi
The suit was struck out because the plaintiff failed to comply with the mandatory legal requirement to serve a 90 days' notice of intention to sue upon the defendants and Solicitor General, and no evidence of service was provided in the pleadings or annexures.
Court Disposition
preliminary objection upheld; suit struck out
Orders
- suit struck out
- no order as to costs
Full Case Text
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