20031204 TZHC Arusha

Both the application for leave and the representative suit are incompetent in law for failure to comply with mandatory statutory notice requirements and for instituting the suit without prior leave of the court.

Citation: 20031204 TZHC Arusha
Parties: Applicants/plaintiffs: Loserian Lavutaki and Sixty Nine Others; Respondent/defendant: Minister for Lands Housing and Urban Development; Respondent/defendant: Attorney General of Tanzania
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 December 2003
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome: Both the application for leave and the representative suit are struck out for being incompetent in law.
Legal Topics: Representative Suits, Statutory Notice Requirement, Preliminary Objections
Source Language: English

Civil Procedure Government Litigation Representative Suits Statutory Notice Requirement Preliminary Objections

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Parties

Loserian Lavutaki and Sixty Nine Others

Applicants/plaintiffs

Minister for Lands Housing and Urban Development

Respondent/defendant

Attorney General of Tanzania

Respondent/defendant

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the application and suit are defective for failure to issue statutory 90 days notice to the government
2 Whether the representative suit was properly instituted under Order I Rule 8 of the Civil Procedure Code

Ratio Decidendi

Court Disposition

Both the application for leave and the representative suit are struck out for being incompetent in law.

Orders

Respondents/defendants are awarded costs.