MASTERING A PROCEDURES ON HOW TO SUE GOVERNMENT IN TANZANIA?

Are you looking a new procedure to sue the Government in Tanzania? Here is guide which will help you to understand the new Procedures:

Can you sue the government in Tanzania?

An answer is yes…..A government in Tanzania comprises Central government and local governments, therefore You can not institute government as same as person or legal person there is procedure to adhere, in 60 seconds we will show steps by steps on how to sue government as following;-

Central Government.

When you are aggrieved with anything done by the Central government you need to follow the following procedures before starting legal action in the court.

1.Preparing 90 days Notice of intention to sue government, This according to section 6 (2) of The Government proceeding Act [Cap 5 Re. 2019]. This notice should be sent to Department concerned and copy of it must be served to the Solicitor General.

2.After completing 90 days you must bring suit in the High Court of Tanzania only and not other courts. this by virtue of section 6 (4) Of the Act.

The Attorney General must be added as a defendant, This by Virtue of section 6(3) Of The Government Proceeding Act.[Cap 5 Re. 2019]. For example X…..Plaintiff.

Y……Government department

Z……. Attorney General.

Local Government.

Local government has both a District and municipal council. This also needs 90 days notice before instituting a case to a court Be it District Courts or The resident magistrate courts where cause if acrion arose.This also Attorney General Should be added as Co defendant.

FAQ (FREQUENT ASKED QUESTIONS)

What are the Quensequenses of Suing Government in Tanzania without joinng Attorney General?instituting a suit without joing attorney general as part is fatal and court may Strike out ir dissmiss the suit for contravention section 6 of The Government procedings Act.

What are the effects of instituing a case without issuing 90 days notice of intention to sue government In Tanzania?

Its crucial procedure in which party Should adhere before instituing a case agaisnt Goverment. The effect is suit shall be strick out for incompetence. As reported in the case of THOMAS NGAWAYYA VS ATTORNEY GENERAL AND 3 OTHERS Civil Case No 117 of 2013 (unreported)this case was stricked out for incompetence since plaitiff was not issuing 90 days notice of intention. “The plaint is incompetent for lack of statutory notice which is not matter of choice but mandatory.Also in the case of ARUSHA MUNICIPAL COUNCIL VS LYAMUYA CONSTRUCTION COMPANY[1998, TLR. 13]Court held that: Non compliance with section 97 (1) of local government (urban authorities) Act, which requires a one month notice to urban authority beforw instituting suit it renders suit unmaintainable.

Here we see that in Tanzania you can not sue a goverment without adhering notice which render suit be incompetent.

What is notice of intention to sue?You can ask yourself what is it? In few seconds you will know it. A notice if intention to sue is demand notice which comprises what demand you want form the government aftere act be done (cause of action) in This notice you will include partues involved, Cause of action and your demand from government before suing them in court of law.

How do you sue Government agency in Tanzania?

This also is a Government Department and you will follow the same procedure as done in suing govenrmnt in Tanzania, This governmentt agency include, Tanroad,Ewura, Latra, and others as illuastrated below.

1…………..plaitiff

Vs

1. Tanroad

2. Attorney General

Conclusion

Suing government in Tanzania is allowed by following the procedures states above so anyone who agrieved by any act done by government may follow all procedure so as to get his or right in court of law.