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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 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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The court held that while it has the power to add necessary parties under Order I Rule 10(2) of the Civil Procedure Code, this power must be exercised in harmony with section 6(2) of the Government Proceedings Act, which requires a 90-day notice before joining government officials as defendants. The court declined to invoke its powers under Order I Rule 10(2) at the expense of the mandatory notice requirement.
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Failure to properly serve and prove service of the ninety-day notice as required by section 6(2) of the Government Proceedings Act deprives the Court of jurisdiction to entertain the suit; the suit must be struck out.
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The High Court struck out a labour revision application for failure to file the mandatory notice of intention to seek revision under Regulation 34(1).
Failure to serve the Attorney General with the statutory 90 days’ notice before instituting a suit against the Government is fatal and renders the suit premature and incompetent.
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The respondents failed to prove that the appellant breached any conditions in the certificate of occupancy or that there was an operative sale; thus, there was no good cause for revocation, rendering the revocation and subsequent sub-division and reallocation of the land illegal and void.
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Failure to file a notice of intention to apply for revision (Form No. 10) as required by law is a fatal defect, and the application cannot stand.
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The suit was filed without proper notice to the government as required by section 6(2) of the Government Proceedings Act, rendering it incompetent.
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The suit was struck out because the plaintiff failed to serve the Attorney General with the statutory 90-day notice as required by section 6(2) of the Government Proceedings Act, which is a mandatory precondition for instituting a suit against the Government. This non-compliance deprived the court of jurisdiction.
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