LAND CASE NO

LAND CASE NO

Failure to serve the Attorney General with the statutory 90 days’ notice before instituting a suit against the Government is fatal and renders the suit premature and incompetent.

Citation
LAND CASE NO
Parties
Plaintiff: Ramadhani Sembejo Mongu; 1st Defendant: Musoma Municipal Council; 2nd Defendant: Martine Korogo; 3rd Defendant: Anthony Bagala Etutu; 4th Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Plaint struck out for want of fulfillment of statutory notice requirement, with costs.
Legal Topics
Jurisdiction, Notice Requirement, Striking Out Suit
Source Language
English
Civil Procedure Land Law Government Proceedings Jurisdiction Notice Requirement Striking Out Suit

Case Brief

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Parties

Ramadhani Sembejo Mongu

Plaintiff

Musoma Municipal Council

1st Defendant

Martine Korogo

2nd Defendant

Anthony Bagala Etutu

3rd Defendant

Attorney General

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is maintainable for failure to comply with section 6(2) of the Government Proceedings Act, Cap 5 regarding notice to the Attorney General

Ratio Decidendi

Failure to serve the Attorney General with the statutory 90 days’ notice before instituting a suit against the Government is fatal and renders the suit premature and incompetent.

Court Disposition

Plaint struck out for want of fulfillment of statutory notice requirement, with costs.

Orders

  • Plaint struck out for want of fulfillment of statutory notice requirement.
  • Plaintiff to pay costs.