petro potini peter vs mbulu town council 2 others 2023 tzhc 22519 8 november 2023

petro potini peter vs mbulu town council 2 others 2023 tzhc 22519 8 november 2023

The plaintiff did not serve the statutory notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act. Failure to serve the notice renders the suit incompetent and premature, warranting its striking out.

Citation
petro potini peter vs mbulu town council 2 others 2023 tzhc 22519 8 november 2023
Parties
Plaintiff: Petro Potini Peter; 1st Defendant: Mbulu Town Council; 2nd Defendant: M/S China Sichua International Cooperation Co. Ltd; 3rd Defendant: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2023
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit struck out as incompetent for failure to comply with statutory notice requirements.
Legal Topics
Statutory Notice Requirement, Government Proceedings Act, Premature Suit, Service of Process
Source Language
English
Civil Procedure Government Litigation Statutory Notice Requirement Government Proceedings Act Premature Suit Service of Process

Case Brief

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Parties

Petro Potini Peter

Plaintiff

Mbulu Town Council

1st Defendant

M/S China Sichua International Cooperation Co. Ltd

2nd Defendant

The Honourable Attorney General

3rd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent for failure to serve a 90 days' statutory notice to the Attorney General and Solicitor General as required by section 6(2) of the Government Proceedings Act

Ratio Decidendi

The plaintiff did not serve the statutory notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act. Failure to serve the notice renders the suit incompetent and premature, warranting its striking out.

Court Disposition

Suit struck out as incompetent for failure to comply with statutory notice requirements.

Orders

  • Suit struck out with costs to the first and third defendants.
  • Costs taxed at Tzs. 300,000/= under order 44 of the Advocates Remuneration Order, 2015 GN. No. 263/2015.