jumanne suleiman vunja others vs attorney general another 2018 tzhclandd 451 13 july 2018

jumanne suleiman vunja others vs attorney general another 2018 tzhclandd 451 13 july 2018

The plaintiff did not file a ninety (90) days’ notice to the Attorney General as required by Section 6(2) of the Government Proceedings Act; therefore, the suit is incompetent and must be struck out.

Citation
jumanne suleiman vunja others vs attorney general another 2018 tzhclandd 451 13 july 2018
Parties
Plaintiffs: Jumanne Suleiman Vunja, Rehema Mwalimu Dikimile, Lucian Christian Malisa & 14 Others; 1st Defendant: Attorney General; 2nd Defendant: TANROADS
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Notice of Intention to Sue Government, Preliminary Objection, Government Proceedings Act Compliance
Source Language
English

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Parties

Jumanne Suleiman Vunja, Rehema Mwalimu Dikimile, Lucian Christian Malisa & 14 Others

Plaintiffs

Attorney General

1st Defendant

TANROADS

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

  1. 1 Whether the suit is incompetent for want of 90 days notice of intention to sue the Government under Section 6(2) of the Government Proceedings Act

Ratio Decidendi

The plaintiff did not file a ninety (90) days’ notice to the Attorney General as required by Section 6(2) of the Government Proceedings Act; therefore, the suit is incompetent and must be struck out.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs