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Tanzania decisions
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The applicant is entitled to a Mareva Injunction restraining the respondents from demolishing or interfering with the disputed land until the statutory notice to sue expires, as all procedural requirements have been met and the respondents do not oppose the application.
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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 High Court dismissed a land application for an interim order, holding it was incompetent after the 90-day notice period had lapsed.
The suit was struck out for failure to comply with section 6(2) of the Government Proceedings Act, as plaintiffs neither served nor sent the required notice to the Attorney General, and this court follows its own precedents on mandatory compliance.
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The High Court upheld preliminary objections for lack of statutory notice and non-joinder of the Attorney General, nullifying the tribunal proceedings and setting aside its ruling.
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 appeal and underlying tribunal proceedings are nullified due to noncompliance with mandatory statutory requirements: failure to issue notice of intention to sue and failure to join the Attorney General as a necessary party, rendering the proceedings incompetent and without jurisdiction.
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The High Court struck out the applicant’s land application for lack of the mandatory 90 days’ notice to sue the Government, holding the claims were new and not covered by the settlement deed.
The High Court struck out a land appeal as incompetent for failure to join necessary parties and for lack of proper statutory notice, with leave to refile after compliance.
The High Court struck out an application for a Mareva injunction over disputed land, holding it had been overtaken by events after the 90-day notice to sue expired.
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