willam said kitundu vs osmund makario kapinga and 3 others 2023 tzhc 23124 5 december 2023

willam said kitundu vs osmund makario kapinga and 3 others 2023 tzhc 23124 5 december 2023

Failure to serve and plead statutory 90 days’ notice to all government defendants, including the Attorney General and Solicitor General, is a mandatory legal requirement; non-compliance renders the suit incompetent and subject to being struck out.

Citation
willam said kitundu vs osmund makario kapinga and 3 others 2023 tzhc 23124 5 december 2023
Parties
Plaintiff: William Said Kitundu; 1st Defendant: Osmund Makarios Kapinga; 2nd Defendant: Hai District Council; 3rd Defendant: Commissioner for Lands; 4th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2023
Procedural Posture
Land Case / Preliminary Objection Ruling
Outcome
Suit struck out with costs
Legal Topics
Preliminary Objection, Notice to Government, Jurisdiction, Defective Pleadings
Source Language
English
Civil Procedure Land Law Government Proceedings Preliminary Objection Notice to Government Jurisdiction Defective Pleadings

Case Brief

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Parties

William Said Kitundu

Plaintiff

Osmund Makarios Kapinga

1st Defendant

Hai District Council

2nd Defendant

Commissioner for Lands

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Land Case / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the suit is incompetent for failure to serve statutory 90 days’ notice to government defendants
  2. 2 Whether the plaint is incurably defective for failure to disclose value of subject matter

Ratio Decidendi

Failure to serve and plead statutory 90 days’ notice to all government defendants, including the Attorney General and Solicitor General, is a mandatory legal requirement; non-compliance renders the suit incompetent and subject to being struck out.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs