Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The suit was instituted in violation of mandatory procedural requirements under the Government Proceedings Act, warranting its striking out.
Source excerpt
The High Court allowed a land appeal, held the preliminary objection was not a pure point of law, and quashed proceedings for lack of jurisdiction.
The High Court allowed TPB Bank PLC’s land appeal, holding that the tribunal proceedings were premature for lack of statutory notice and joinder of the Attorney General.
The application is incompetent for failure to issue the statutory 90 days’ notice to the government and for failure to join the Attorney General as a necessary party as required by Sections 6(2) and 6(3) of the Government Proceedings Act.
Source excerpt
Plaintiffs established, on a balance of probabilities, that they or their predecessors owned and possessed the land prior to and after Operation Vijiji, and the defendants failed to provide documentary or credible evidence of government ownership or allocation for public use. Procedural objection regarding notice was dismissed as the defendants had knowledge of the suit and the Attorney General and Solicitor General were informed.
Source excerpt
The High Court struck out a land suit against Tanzania Commercial Bank for failure to give statutory notice and join the Attorney General under the Government Proceedings Act.
The High Court struck out a land suit after finding the plaintiff’s letter was not a valid 90-day notice of intention to sue under the Government Proceedings Act.
The amendment to section 6(3) of the Government Proceedings Act, being procedural, would ordinarily apply retrospectively, but in the absence of clear legislative intent and to avoid injustice, it should not apply to cases filed before its enactment. Therefore, the tribunal had jurisdiction to entertain the appellant's case.
Source excerpt
The suit was filed without proper notice to the government as required by section 6(2) of the Government Proceedings Act, rendering it incompetent.
Source excerpt
Non-joinder of the Attorney General in proceedings against government institutions is a fatal defect under the Government Proceedings Act and renders the application incompetent and liable to be struck out, regardless of the overriding objective principle.
Source excerpt
Explore more
