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Tanzania decisions
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The High Court struck out a land claim as premature because the plaintiff failed to comply with mandatory 90-day statutory notice requirements before suing the defendants.
The High Court struck out a civil suit against Tunduru District Council and the Attorney General for failure to comply with the statutory 90-day notice requirement.
The suit was struck out for failure to provide proof that the Attorney General and Solicitor General were served with the statutory notice as required by section 6(2) of the Government Proceedings Act, rendering the suit premature and incompetent.
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Non-joinder of the Attorney General in a suit against a government institution is fatal and renders the suit incompetent, regardless of issuance of statutory notice, as the Attorney General is a necessary party by operation of law under section 6(3) of the Government Proceedings Act. The Court cannot grant amendment or joinder in an incompetent suit.
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The memorandum of appeal is incompetent because the Solicitor General, through the State Attorney, intervened and signed the document without following the required procedure of formal notification and compliance with statutory provisions. This procedural defect goes to the root of the competence of the appeal.
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The suit was prematurely instituted as the plaintiff failed to provide proof of service of the mandatory 90 days' notice to the 2nd, 3rd, and 7th defendants as required by section 6(2) of the Government Proceedings Act; absence of a receiving stamp, signature, or date of receipt on the notice attached to the plaint rendered the suit incompetent.
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The plaintiff did not serve the statutory notice of intention to sue to the Attorney General as required by section 6(2) of the Government Proceedings Act. Failure to serve the notice renders the suit incompetent and premature, warranting its striking out.
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The High Court dismissed a preliminary objection on limitation and cause of action, holding the government-backed land suit was timely and properly pleaded.
The Plaintiffs' failure to serve the mandatory 90-days' notice on the 1st and 6th Defendants, and the Solicitor General, as required by statute, is a fatal defect that renders the suit incompetent.
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The procedural amendments requiring 90 days' notice and joinder of the Attorney General are retrospective and apply to pending suits; failure to comply vitiates proceedings. Plaintiffs must comply with the amended law before proceeding.
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