peter nghomango vs attorney general 2001 tzca 13 19 november 2001

peter nghomango vs attorney general 2001 tzca 13 19 november 2001

The order striking out the suit amounted to a rejection of the plaint, which is a decree under the Civil Procedure Code. Therefore, the appeal was properly before the Court as of right. The trial judge erred in striking out the suit without determining the chamber application and without allowing the appellant to perfect the previous order. The High Court order was set aside and the matter remitted for continuation according to law.

Citation
peter nghomango vs attorney general 2001 tzca 13 19 november 2001
Parties
Appellant: Peter Ng'homango; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 November 2001
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out Suit
Outcome
Appeal allowed
Legal Topics
Requirement of Notice Before Suing Government, Rejection of Plaint, Appealability of Orders, Amendment of Plaint
Source Language
English
Civil Procedure Government Proceedings Requirement of Notice Before Suing Government Rejection of Plaint Appealability of Orders Amendment of Plaint

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Ng'homango

Appellant

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out Suit

Legal Issues

  1. 1 Whether the High Court order striking out the suit amounted to a decree and was appealable as of right
  2. 2 Whether the suit was properly struck out for non-compliance with section 2(2) of the Government Proceedings Act
  3. 3 Whether the trial judge erred in not determining the chamber application before striking out the suit

Ratio Decidendi

The order striking out the suit amounted to a rejection of the plaint, which is a decree under the Civil Procedure Code. Therefore, the appeal was properly before the Court as of right. The trial judge erred in striking out the suit without determining the chamber application and without allowing the appellant to perfect the previous order. The High Court order was set aside and the matter remitted for continuation according to law.

Court Disposition

Appeal allowed

Orders

  • High Court order of 25.4.1997 striking out the suit is set aside
  • Appellant's application to perfect Kaji, J.'s order of 12.7.1996 is granted