Wabulu Masaba v TCB ruling

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SHINYANGA SUB-REGISTRY)

AT SHINYANGA LAND CASE NO. 202501161000001133 WABULU MASABA ZENGO ……………….…….……...………..……….PLAINTIFF

VERSUS TANZANIA COMMERCIAL BANK PLC………………………………..…DEFENDANT

RULING Date of Last Order: 18.03.2025 Date of Ruling: 18.03.2025 MWAKAHESYA, J.: The plaintiff sued the defendant, Tanzania Commercial Bank PLC., without following the procedure for suing the Government as laid out in the Government Proceedings Act particularly section 6(2) and (3). The said procedure being the issuance of a 90 days notice and joining the Attorney General as a necessary party to the suit. The defendant raised a preliminary objection to that effect. As correctly submitted by learned counsel for the defendant, Ms. Agness Sheltiely, the defendant is a government entity a fact confirmed by 1 the High Court in Genoveva Muro Ndelimbi & 2 Ors. v. Tanzania Commercial Bank, Land Case No. 208 of 2021 (unreported). And as submitted further by the learned counsel, as per the law, the plaintiff was tasked with issuing 90 days notice to the defendant and upon its lapse sue the latter whilst joining the Attorney General as a necessary party. The above having been brought to the attention of the plaintiff, he readily conceded to the same through his counsel, Mr. Mwigamba Lyatura, who also mitigated for the court not to condemn the plaintiff to costs. In light of the foregoing, it is glaring that the manner in which the present suit was instituted flouted the Government Proceedings Act and I accordingly strike it out, with costs. It is so ordered. N.L. MWAKAHESYA

JUDGE 18/03/2025 2