Tanzania Case Law

final MALEKO HARDWARE ENTERPRISES TANZ

Court

TANZLII

The court held that while a board resolution is required for institution of a suit by a company, there is no legal requirement that such resolution must precede the issuance of the 90 days’ notice to the government. The notice is not the institution of the suit but a procedural step, and the defendants’ acknowledgment of receipt of the notice satisfied the statutory requirement. The preliminary objections did not meet the threshold of pure points of law and were devoid of merit.

Source excerpt

• Preliminary objection
• Notice to government
• Board resolution
• Jurisdiction
• Institution of suit

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Draft Ruling Yessaya Obed Dillu

Court

TANZLII

The suit is unmaintainable for failure to comply with the mandatory requirement of serving a 90 days' notice to all relevant government entities and for failure to join the District Executive Director as a necessary party; the verification of the plaint is incurably defective, and these defects are not curable by the Oxygen principle or provisions on misjoinder/nonjoinder of parties.

Source excerpt

• Preliminary objection
• Notice to government
• Verification of pleadings
• Joinder of parties
• Jurisdiction
• Court fees

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SALIM ALLY MUHANDO

Court

TANZLII

Defendants failed to file written submissions on time, amounting to default appearance; preliminary objection is dismissed for want of prosecution.

Source excerpt

• Preliminary objection
• Statutory time limits
• Notice to government
• Written submissions
• Default appearance

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CHARLES DAUDI MACHEO

Court

TANZLII

The High Court at Dodoma struck out a land suit as incompetent after the plaintiffs conceded preliminary objections based on pleading defects and lack of proper government notice.

• Preliminary objection
• Pleading requirements
• Notice to government
• Striking out suit
• Preliminary-objection
• Pleading-requirements

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AYUBU KALEBU

Court

TANZLII

The High Court struck out a land suit after the plaintiff conceded preliminary objections based on defective pleadings and failure to comply with government notice requirements.

• Preliminary objection
• Pleading requirements
• Notice to government
• Striking out suit
• Preliminary-objection
• Pleading-requirements

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MANSOOR IDD

Court

TANZLII

The suit is incompetent for failure to comply with mandatory requirements of stating jurisdiction and value of the subject matter in the plaint, and for failure to serve the statutory 90 days' notice to the Government. Both preliminary objections are upheld and the suit is struck out.

Source excerpt

• Jurisdiction
• Pleading requirements
• Notice to government
• Striking out pleadings

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rabbo joachim masumbuko thobias vs the tanzania national road agency 2others 2024 tzhclandd 65 22 february 2024

Court

TANZLII

The High Court struck out a land application after holding that mandatory 90-day notice to government defendants under section 6(2) was not properly served.

• Government proceedings
• Notice to government
• Striking out suit
• Land compensation
• Government-proceedings-act
• Notice-to-government

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amney safari amney vs airtel tanzania plc and five others 2024 tzhc 311 9 february 2024

Court

TZHC

The High Court overruled a preliminary objection in part, holding that the notice-to-serve issue to the Solicitor General needed evidence, while the presence of NIDA and the Attorney General brought the suit within the court's jurisdiction.

• Jurisdiction
• Government proceedings
• Telecommunications dispute resolution
• Preliminary objection
• Notice to government
• Preliminary-objection

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MISC LAND CASE APP 24470 OF 2024 scnd 18

Court

TANZLII

The applicant fulfilled the legal requirements for a Mareva Injunction by serving the required 90-day notice to the government and demonstrating justifiable reasons to preserve the status quo pending the expiry of the notice period.

Source excerpt

• Mareva injunction
• Temporary injunction
• Estate administration
• Notice to government

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willam said kitundu vs osmund makario kapinga and 3 others 2023 tzhc 23124 5 december 2023

Court

TZHC

The High Court struck out a land suit for failure to serve and plead mandatory 90-day notice to government defendants, including the Attorney General and Solicitor General.

• Preliminary objection
• Notice to government
• Jurisdiction
• Defective pleadings
• Preliminary-objection
• Notice-to-government

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