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Tanzania decisions
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The suit was struck out because the plaintiff failed to provide proof that the 90 days notice of intention to sue was served on the Attorney General and the Solicitor General as required by section 6(2) of the Government Proceedings Act.
Source excerpt
The applicants failed to prove that they obtained proper consent from the 86 persons they sought to represent, as the minutes were unsigned and thus unauthenticated. Additionally, only the applicants themselves, not the 86 others, issued a valid 90 days’ notice of intention to sue as required by law. Therefore, leave to file a representative suit cannot be granted as the statutory prerequisites were not met.
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The High Court struck out the suit for failure to comply with the mandatory 90-day notice requirement before suing the Government under section 6(2).
The suit is struck out for failure to serve the mandatory 90 days' notice of intention to sue to the 15th and 16th defendants as required by law. This omission renders the suit incompetent and disposes of the matter without need to address other objections.
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The amended plaint introduced a new property, constituting a new case, for which the government had not been served with the requisite 90 days' notice. This renders the suit premature and untenable in law.
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The application is not incompetent for being brought against respondents who were not parties to the original suit or commercial application, but is incompetent for want of issuance of the mandatory 90 days’ statutory notice to the Government under section 6(2) of the Government Proceedings Act, as the application constitutes a suit against a government institution.
Source excerpt
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.
Source excerpt
The High Court dismissed an application for temporary injunction over land in Tegeta, finding the statutory notice to sue government had expired.
The High Court at Morogoro dismissed a land application for want of prosecution after the applicant failed to appear on consecutive hearing dates.
The High Court struck out an application for Mareva injunction after finding the applicant had not served the mandatory 90 days’ notice to sue the Government.
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