obedi bagaile masatu and another vs cornel magembe 2021 tzhc 3510 31 may 2021

obedi bagaile masatu and another vs cornel magembe 2021 tzhc 3510 31 may 2021

The respondent was sued in his personal capacity, so the requirement for a 90 days' notice under section 6(2) of the Government Proceedings Act did not apply, and he should not have been represented by a State Attorney. The reliefs sought were tortious in nature and arose from the same cause of action, so the trial court erred in striking out the suit.

Citation
obedi bagaile masatu and another vs cornel magembe 2021 tzhc 3510 31 may 2021
Parties
Appellant: Obedi Bagaile Masatu; Appellant: Obedi Bagaile Masatu (As Administrator of the Estate of the late Masatu Kizilahabi); Respondent: Cornel Magembe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
False Imprisonment, Malicious Prosecution, Trespass, Land Possession, Government Proceedings, Jurisdiction, Representation by State Attorney
Source Language
English
Civil Procedure Tort Law False Imprisonment Malicious Prosecution Trespass Land Possession Government Proceedings Jurisdiction +1 more

Case Brief

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Parties

Obedi Bagaile Masatu

Appellant

Obedi Bagaile Masatu (As Administrator of the Estate of the late Masatu Kizilahabi)

Appellant

Cornel Magembe

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in allowing State Attorney to represent the respondent sued in his personal capacity
  2. 2 Whether a 90 days' notice under section 6(2) of the Government Proceedings Act was required
  3. 3 Whether the reliefs sought were properly classified as tort claims and not land matters

Ratio Decidendi

The respondent was sued in his personal capacity, so the requirement for a 90 days' notice under section 6(2) of the Government Proceedings Act did not apply, and he should not have been represented by a State Attorney. The reliefs sought were tortious in nature and arose from the same cause of action, so the trial court erred in striking out the suit.

Court Disposition

appeal allowed

Orders

  • Order striking out the suit quashed
  • Civil Case No. 33 of 2020 restored