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Failure to serve a thirty days statutory notice under section 106(1) and (2) of the Local Government (Urban Authorities) Act is a mandatory prerequisite, and noncompliance renders the suit incompetent; the trial court erred in dismissing the preliminary objection and allowing the suit to proceed.

Citation: N
Parties: Applicant: Morogoro Municipal Council; Respondents: Macmillan Moshi and 11 Others
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 2002
Procedural Posture: Civil Revision / Ruling on Application for Revision
Outcome: application allowed
Legal Topics: Mandatory Statutory Notice, Preliminary Objection, Procedural Compliance, Urban Authority Litigation
Source Language: English

Civil Procedure Local Government Law Mandatory Statutory Notice Preliminary Objection Procedural Compliance Urban Authority Litigation

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Parties

Morogoro Municipal Council

Applicant

Macmillan Moshi and 11 Others

Respondents

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

1 Whether failure to serve a thirty days statutory notice under section 106 of the Local Government (Urban Authorities) Act renders the suit incompetent
2 Whether the trial court erred in dismissing the preliminary objection on noncompliance with statutory notice

Ratio Decidendi

Court Disposition

application allowed

Orders

The proceedings, ruling, and orders of the lower court are quashed with costs to the applicant.
Respondents may file a fresh case in compliance with section 106(1) and (2) of the Local Government (Urban Authorities) Act.

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