19911115 TZHC Dar es Salaam 1

Suit against Dar es Salaam City Council is incompetent for lack of statutory notice as required by section 97 of the Local Government (Urban Authorities) Act, 1982; second defendant must be struck off from the plaint.

Citation: 19911115 TZHC Dar es Salaam 1
Parties: Plaintiff: Rose Jmpandus Komola; First Defendant: Sewonwe P. Solanxi; Second Defendant: Dar es Salaam City Council
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 November 1991
Procedural Posture: Civil / Preliminary Objection Ruling
Outcome: Second defendant struck off from plaint; preliminary objection upheld with costs to second defendant; oral application for leave to amend refused.
Legal Topics: Notice Requirement, Joinder of Parties, Cause of Action
Source Language: English

Civil Procedure Local Government Law Notice Requirement Joinder of Parties Cause of Action

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Parties

Rose Jmpandus Komola

Plaintiff

Sewonwe P. Solanxi

First Defendant

Dar es Salaam City Council

Second Defendant

Procedural Posture

Civil / Preliminary Objection Ruling

Legal Issues

1 Whether suit against Dar es Salaam City Council is incompetent for lack of statutory notice
2 Whether the plaint discloses a cause of action against the second defendant

Ratio Decidendi

Court Disposition

Second defendant struck off from plaint; preliminary objection upheld with costs to second defendant; oral application for leave to amend refused.

Orders

Second defendant struck off from plaint
Preliminary objection upheld with costs to second defendant