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5 Afr. J. Int'l & Comp. L. 703 (1993)
In the High Court of Tanzania at Dodoma Civil Case No. 22

handle is hein.journals/afjincol5 and id is 719 raw text is: CASE LAW IN THE HIGH COURT OF TANZANIA AT DODOMA CIVIL CASE NO. 22 PETER MG'OMONGO (PLAINTIFF) V. 1. GERSON M. K. MWANGWA I( 2. ATTORNEY - GENERAL J RULING Mwalusanya, J * The plaintiff Peter s/o Ng'omango is a tutor at Mpwapwa Teacher's College. He filed a suit against the Principal of Mpwapwa Teachers' College one Mr. Gerson M. K. Mgwanga claiming Shs. 2,201,762.00 as damages for malicious prosecution and defamation. The defendant applied to have the government joined as co-defendant simply because he is a public servant but I rejected the application. Then the State Attorney i.e. of Dodoma Zone Mr Mwambo, duly instructed by the Attorney-General applied to have the government joined as a co-defendant and again the application was rejected. I advised the defendant that the proper procedure was for him to apply for a third party notice so that the government is joined as co-defendant. That he did and the government was finally duly joined as the 2nd defendant. As expected, the 2nd defendant (the government) in its written statement as defence has raised a preliminary objection as to the effect that the suit is impotent, for want of consent of the Minister for Justice under the provisions of the Government Proceedings Act No. 16/1967. In his reply the plaintiff has raised a constitutional point to the effect that the Government Proceedings Act No. 16/1967 as amended by Act No. 40/1974 is unconstitutional and so void. He said that it offends Articles 13(3), 13(6)(a) and 30(3) of our Constitution and so it should be declared void under s.64(5) of the Constitution as well as s.5(1) * Judge of the High Court of Tanzania. 5 RADIC (1993)

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