20190617 TZHC Dar es Salaam
Failure to serve a copy of the plaint to the relevant Government Ministry as required by Section 6(3) of the Government Proceedings Act is a mandatory defect that renders the suit incompetent and liable to be struck out, regardless of whether the Attorney General has filed a defence.
- Citation
- 20190617 TZHC Dar es Salaam
- Parties
- Plaintiff: Natural Wood (T) Ltd; Defendant: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 June 2019
- Procedural Posture
- Civil Case / Ruling on Compliance With Statutory Service Requirements
- Outcome
- Suit struck out with costs
- Legal Topics
- Service of Process, Government Proceedings Act, Mandatory Statutory Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Natural Wood (T) Ltd
Plaintiff
The Attorney General
Defendant
Procedural Posture
Civil Case / Ruling on Compliance With Statutory Service Requirements
Legal Issues
- 1 Effect of failure to serve copy of plaint to relevant Government Ministry under Section 6(3) of the Government Proceedings Act
- 2 Whether service to the Ministry can be done at hearing stage
- 3 Remedies for non-compliance with Section 6(3)
Ratio Decidendi
Failure to serve a copy of the plaint to the relevant Government Ministry as required by Section 6(3) of the Government Proceedings Act is a mandatory defect that renders the suit incompetent and liable to be struck out, regardless of whether the Attorney General has filed a defence.
Court Disposition
Suit struck out with costs
Orders
- Suit is struck out for violation of Section 6(3) of the Government Proceedings Act Cap 5 [R.E.2002]
- Costs awarded to the Defendant
Full Case Text
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