Where the Government is bound by a statutory duty which is binding also upon persons other

than the Government and its officers, then, the Government shall, in respect of a failure to
comply with that duty, be subject to all those liabilities in tort, if any, to which it would be so
subject if it were a private person of full age and capacity.
1

That as per section 3(1)
2
provides that the Government shall be subject to all proceedings
relating to liabilities in contract, quasi-contract, detinue, tort and in other respects to which it
would be subject if it were a private person of full age and capacity and any claim arising
therefrom may be enforced against the Government; as well as section 4
3
corroborate by
including the law relating to indemnity and contribution then shall be enforceable by or against
the Government in respect of the liability to which it is so subject as if the Government were a
private person of full age and capacity.
Therefore the power to institute the suit against the government is being provided as per section
6(1)
4
that; civil proceedings may be instituted against the Government, and not otherwise, that is
to say government cannot commit a crime thus to be criminal liable instead all liabilities shall
follow under civil only.
Having being provided by the by the statute the power to file a suit against the government, there
are special procedure to be followed that any person to be allowed to institute or to file the case
as well the procedures differs from the procedures while instituting the suit against persons; so
the procedures for the government proceedings are provided under section 6(2)
5
that; No suit
against the Government shall be instituted, and heard unless the claimant previously submits to
the Government Minister, Department or officer concerned a notice of not less than ninety days
of his intention to sue the Government, specifying the basis of his claim against the government,
and he shall send a copy of his claim to the Attorney General.
Notice of intention to sue, as the first procedure to sue the government, a notice of not less than
ninety days of his intention to sue the Government, before commencing proceedings in court,
notice of intention to sue should be given to the other party, a Final Notice of Claim gives notice

1
http://www.ulii.org, accessed on 14
th
May 2014 at 0438 Hrs
2
The Government Proceedings Act, Cap 5 [R:E 2002]
3
The Government Proceedings Act, Cap 5 [R:E 2002]
4
The Government Proceedings Act, Cap 5 [R:E 2002]
5
The Government Proceedings Act, Cap 5 [R:E 2002]
to the defendant of the nature of your claim and that you intend to start an action against them
(see below for information specific to personal injury claims).
Wanumbwa v Muhimbili Medical Center or Muhimbili National Hospital and Others
6
he
plaintiff who was an Assistant Accountant was dismissed from his employment on 24 hours
notice on 16
th
day of July, 1991. Being aggrieved by the said dismissal he referred his grudges to
the labour Conciliation Board on 24/7/1991. His reference was dismissed on a point of
limitation. It was time barred; he further referred the dispute to the Minister responsible for
labour matters, now the 2
nd
defendant. The Minister confirmed the decision of the Conciliation
Board. He did not believe that he had exhausted all the legal machinery opened to him, for an
address of his grudges. He believes that his services were wrongly terminated by dismissing him.
Held; he was required to issue a 90 days notice to the government. Section 6 of the Government
Proceedings Act, 1967 as amended by Act No.30 of 1994 is relevant. However, the plaintiff did
not comply with that mandatory legal requirement; hence the suit is incompetent and should be
dismissed with costs.
Copy of the claim to the Attorney General, before instituting the claim, and after sending the
intention to sue to the officer/minister concern then, a copy of it must be sent to the Attorney
General about whom the complaint is issued, so that the office of the Attorney General can
prepare for the upcoming suit and to prepare the evidence concerning the claims of an aggrieved
person.
The suit must be opened in the High Court; section 6(4)
7
provides that; all suits against the
Government shall be instituted in the High Court by delivering in the Registry of the High Court
within the area where the claim arose. That if other procedures are followed and the suit opened
in other courts then it should be quashed away immediately, again section 7
8
tendered out that no
civil proceedings against the Government may be instituted in any court other than the High
Court.

6
Civil case no.181 of 2003
7
The Government Proceedings Act, Cap 5 [R:E 2002]
8

Attorney General may be added as a co-defendant, as per section (5)
9
unless another person
ought to be sued, be sued or be joined as a co-defendant, in proceedings against the Government.
Therefore the Attorney General ought to be joined as the second defendant since the suit concern
the government and to an extent Attorney General represents the government.
The consent of the Attorney General must be obtained, if there is no consent of the Attorney
General then the suit lacks of its validity, section 6(3)
10
makes it clear that all suits against the
Government shall, after the expiry of the notice be brought against the Attorney General,
Department or Officer that is alleged to have committed the civil wrong on which the civil suit is
based and then If in any case proceedings have been instituted by the Government in a
Magistrate's Court and the defendant satisfies the court that he has a claim against the
Government; and he has obtained consent under section 6
11
for pursuing his claim against the
Government.
For institution of a suit in normal proceedings, there must be two parties, a subject in dispute,
cause of action and demand of relief. A suit is instituted by the presentation of a plaint to the
court. The plaint should set out the name of the plaintiff, (if there are more than one plaintiff, the
names of every plaintiff) and the name of the defendant (and if there are more than one
defendant, the names of every defendant.
12

Therefore, Application of general law of procedure for suing the government found as per
section 8
13
that, all civil proceedings by or against the Government shall be instituted and
proceeded with in accordance with the procedure applicable in like proceedings between private
persons, so the changes are just found in the procedural matter other things remains like the suits
between private persons.
However the case law provided for the procedures to be null and void since it violates some
provions in the Constitution of the United Republic of Tanzania, as it was tendered in the case
of; Kukutia Ole Pumbun v Attorney General
14
The plaintiff Magasha was employed by the

9
The Government Proceedings Act, Cap 5 [R:E 2002]
10
The Government Proceedings Act, Cap 5 [R:E 2002]
11
The Government Proceedings Act, Cap 5 [R:E 2002]
12
http://www.shareyouressays.com,accessed on 14
th
May 2014 at 0343 Hrs
13
The Government Proceedings Act, Cap 5 [R:E 2002]
14
[1993] TLR 159 (CA)
National Pharmaceutical Company but the employment was terminated in 1991. He considered it
wrongful and instituted a trade dispute in the Industrial Court in 1991 at Tabora against the
company. At the conclusion of the proceedings the action was dismissed. He felt aggrieved by
the decision but he was appraised that no appeal could lie against it in view of the legal
impediment expressed in s 27(1C)
15
that provides that every award and decision of the Industrial
Court shall be final and not liable to be challenged, reviewed, questioned or called in question in
any court save on the grounds of lack of jurisdiction in which case the matter shall be heard and
determined by a full bench of the High Court.
In his pleadings the plaintiff has averred that this section is at odds with the provision of art
13(6)(a)
16
. Which provides that every person shall, when his/her rights and obligations are being
determined, be entitled to a fair hearing by the court of law or other body concerned and be
guaranteed the right of appeal or another legal remedy (whatever that may be) against the
decisions of courts of law and other bodies which decide on his rights or interests founded on
statutory provisions. It may be observed that this constitutional provision was already in place
and force when s 27(1C) was enacted.
Therefore, unlike the learned Judge from whom this appeal arises, the court find that section 6
17

1974 is unconstitutional for the reasons we have amply demonstrated above. The Republic has
totally failed to show that the said section is saved by the provisions of the Constitution which
allow for derogation from basic human rights. In the circumstances the court have no alternative
but to hold, in terms of article 64(5) of the Constitution of the United Republic of Tanzania that
section 6 of the Government Proceedings Act 1967 is void. It is accordingly struck down for
being unconstitutional
Main procedure to be followed before instituting a suit for private person is by demand letter,
this is just a matter of practice by the Court of law, it is a letter presented to the prospective
defendant by the prospective plaintiff lying down the claims by the prospective plaintiff to
prospective defendant and demanding remedy at the threat of being sued to the court, if this

15
The Industrial Court of Tanzania Act, 1968
16
The Constitution of the United Republic of Tanzania, 1977 (as amended)
17
The Government Proceedings Act, Cap 5 [R:E 2002]
procedure is not followed and the defendant did not disturb in paying the relief if that the case
then the defendant will not pay the advocacy fees, the prospective plaintiff shall pay it.
It is supported in the case of Amradha Construction v Sultani Street Agip
18
The defendant owed
the plaintiff Tshs. 56959.85, the defendant was closing his business, the plaintiff out of fear that
the defendant would leave to India without paying his debt petitioned to attach defendant assets
without first making formal request for payment coupled with notice of intention to file a suit, a
condition order for attachment was granted but the file amount of debt was deposited in court
before the schedule hearing for attachment the only thing ho should bear the advocacy fees, It
was held Rule 61 of Advocacy Remuneration of Court Rules, provides that; if the plaintiff in any
action has not given the defendant notice of an intention to sue and the defendant pays the
amount before the first hearing, no advocacy cost will be allowed except of the special order of
the judge, since upon consideration of all the facts the situation was not as urgent as plaintiff
though there was no basis of special order that the plaintiff breach cost of the advocacy.
After presentation of demand letter then institution of the suit to the court if followed; Every suit
shall be instituted by the presentation of a Plaint or in such other manner as may be prescribed;
Every suit is to be instituted by presenting a plaint to the court or to such officer as it appoints in
that behalf, Order IV, Rule.
19

Furthermore section 22 and 23
20
elaborates that; every suit shall be instituted by the presentation
of a plaint or in such other manner as any be prescribed as well as supported by presentation of
Summons; Where a suit has been duly instituted, a summons may be issued to the defendant to
appear and answer the claim and may be served in the manner prescribed and corroborated by
Order V Rule 5
21
provides that; where the court requires the personal appearance of the
defendant, a defendant in respect of whom a summons to appear is issued may appear in person,
by an advocate duly instructed and able to answer all material questions relating to the suit; or by
an advocate accompanied by some person able to answer all such question.

18
HCD 1967
19
Civil Procedure Code, Cap 33 [R:E 2002]
20
Civil Procedure Code, Cap 33 [R:E 2002]
21
Civil Procedure Code, Cap 33 [R:E 2002]
Thus, those are different position of instituting the suit between private persons and the suits
against the government, however regarding the institution of the government suit or proceedings
still procedures are very cumbersome that the law are not acting fairly since it tends to protect
the interest of the ruling class while the person aggrieved are not being compensated for the fact
that there is no consent from the Attorney General, that hinders the principle of justice should not
only be done but manifestly seen to be done.
















REFFERENCE
CONSTITUTION
The Constitution of the United Republic of Tanzania, 1977 (as amended)
STATUTES
The Government Proceedings Act, Cap 5 [R: E 2002]
Civil Procedure Code, Cap 33 [R: E 2002]
The Industrial Court of Tanzania Act, 1968
ELECTRONIC SOURCES
http://www.ulii.org, accessed on 14
th
May 2014 at 0438 Hrs
http://www.shareyouressays.com,accessed on 14
th
May 2014 at 0343 Hrs