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Tanzania decisions
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The suit was instituted in violation of mandatory procedural requirements under the Government Proceedings Act, warranting its striking out.
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The amendment to the Government Proceedings Act does not apply retrospectively to proceedings instituted before its commencement, and the trial tribunal was bound to comply with the Court of Appeal's retrial order; failure to do so was an error.
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Failure to issue a 90-days statutory notice to the government and to join the Attorney General as a necessary party, where relief is sought against a government institution, is a fatal defect under Section 6(2), 6(3), and 6(4) of the Government Proceedings Act. The petition is incompetent and must be struck out. Exceeding the page limit is an irregularity but not fatal; however, the statutory notice defect vitiates the proceedings.
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The High Court held that 2020 amendments to Tanzania’s Government Proceedings Act did not retrospectively apply to a land dispute already underway.
The appeal was fatally defective for failure to comply with mandatory statutory requirements of notice and joinder of the Attorney General, and for suing the chairman instead of the village council; these jurisdictional defects vitiated the proceedings from the tribunal stage.
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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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The High Court dismissed preliminary objections to an extension-of-time application, holding that Attorney General joinder remained possible and the appeal-target issue was factual.
The tribunal erred in striking out the application for non-joinder of the Attorney General because the case was filed before the amendment requiring such joinder. Retrospective application of the procedural amendment would prejudice the applicant, and exceptional circumstances warrant deviation from the general rule of retrospective application of procedural law.
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The application is a civil proceeding and thus a suit within the meaning of the Government Proceedings Act; failure to issue statutory notice and join the Attorney General renders the application incompetent.
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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.
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