Procedure of suing the government in tort in Tanzania?

1. Identify the cause of action: Before suing the government in tort, you must first identify the specific cause of action. This could include negligence, breach of duty, or any other tortious act committed by a government entity.

2. Seek legal advice: It is important to seek legal advice from a qualified lawyer who specializes in government tort law. They will be able to guide you through the process and help you understand your rights and options.

3. File a notice of claim: In Tanzania, before suing the government in tort, you must first file a notice of claim with the relevant government department or agency. This notice must outline the details of the claim, including the nature of the tort, the damages suffered, and any other relevant information.

4. Wait for a response: After filing the notice of claim, the government will have a certain period of time to respond. They may choose to settle the claim out of court, or they may deny liability and proceed to litigation.

5. File a lawsuit: If the government denies liability or fails to respond to the notice of claim, you may proceed to file a lawsuit in court. Your lawyer will help you prepare the necessary legal documents and represent you in court.

6. Attend court hearings: Once the lawsuit is filed, you will need to attend court hearings and present evidence to support your claim. The government will also have the opportunity to present their defense.

7. Await judgment: After all evidence has been presented, the court will make a judgment on the case. If the court rules in your favor, you may be awarded damages for the harm suffered as a result of the government's tortious actions.

8. Enforce the judgment: If you are awarded damages, the government will be required to pay the amount specified in the court's judgment. Your lawyer can help you enforce the judgment and ensure that you receive the compensation you are entitled to.

Procedure of Suing the Government in Tort in Tanzania

1. Notice of Intention to Sue (Section 3 of the Government Proceedings Act)

- The plaintiff must serve a notice of intention to sue the government within 3 months of the alleged tort.
- The notice must specify the nature of the claim, the amount claimed, and the grounds for the claim.

2. Consent to Sue (Section 4 of the Government Proceedings Act)

- After receiving the notice of intention to sue, the Attorney General may consent to the institution of proceedings.
- If there is no consent within 21 days, the plaintiff may file a request to the High Court for leave to sue.

3. Leave to Sue (Section 5 of the Government Proceedings Act)

- The High Court may grant leave to sue if:
- The Attorney General has not given consent within 21 days.
- The court is satisfied that there is a genuine claim against the government.

4. Commencement of Proceedings

- Once leave to sue has been granted, the plaintiff can file a statement of claim in the High Court.

5. Pleadings and Discovery

- The plaintiff and the government exchange pleadings, including the statement of claim, defense, and any counterclaims.
- Discovery is conducted to exchange relevant documents and information.

6. Trial

- The case is heard by a High Court judge or magistrate.
- Evidence is presented by both sides.
- The court will determine whether the government is liable in tort and, if so, the amount of damages to be awarded.

7. Judgment

- The court will issue a judgment that:
- Finds the government liable or not liable.
- Awards damages, if any.
- May specify any other remedies.

8. Appeals

- Either party may appeal the judgment to the Court of Appeal or the Supreme Court of Tanzania.

Additional Considerations

- The Limitation Act sets a time limit for filing tort claims against the government.
- The government is generally not liable for actions taken in the exercise of sovereign authority.
- It is advisable to seek legal advice from an experienced lawyer before suing the government.