thomas ngawaiya vs the attorney general others 2018 tzhc 65 2 march 2018

thomas ngawaiya vs the attorney general others 2018 tzhc 65 2 march 2018

The suit is not time barred due to the continuing nature of the alleged wrong, but is incompetent for failure to comply with the mandatory ninety days' statutory notice requirement under section 6(2) of the Government Proceedings Act.

Citation
thomas ngawaiya vs the attorney general others 2018 tzhc 65 2 march 2018
Parties
Plaintiff: Thomas Ngawaiya; 1st Defendant: Attorney General; 2nd Defendant: Chief Executive Director, Tanzania National Roads Agency; 3rd Defendant: Chief Executive, Dar Rapid Transit Agency; 4th Defendant: Project Manager, Strabag International Bm bH
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2018
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Suit struck out as incompetent for failure to comply with statutory notice requirement; no order as to costs.
Legal Topics
Limitation of Actions, Statutory Notice Requirement, Government Proceedings
Source Language
English
Civil Procedure Government Liability Limitation of Actions Statutory Notice Requirement Government Proceedings

Case Brief

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Parties

Thomas Ngawaiya

Plaintiff

Attorney General

1st Defendant

Chief Executive Director, Tanzania National Roads Agency

2nd Defendant

Chief Executive, Dar Rapid Transit Agency

3rd Defendant

Project Manager, Strabag International Bm bH

4th Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the suit is bad in law for contravention of section 6(2) of the Government Proceedings Act

Ratio Decidendi

The suit is not time barred due to the continuing nature of the alleged wrong, but is incompetent for failure to comply with the mandatory ninety days' statutory notice requirement under section 6(2) of the Government Proceedings Act.

Court Disposition

Suit struck out as incompetent for failure to comply with statutory notice requirement; no order as to costs.

Orders

  • Suit struck out for non-compliance with section 6(2) of the Government Proceedings Act
  • No order as to costs