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Procedure for suing the Local Government?



In suing the Local Government; there two Authorities namely: 

1. Urban; and 

2. District Authorities. As far as the procedure in suing Urban Authorities is concerned section 97(1) of the Law of the Local Government (Urban Authorities) Act, 1982, Act no 8/1982; provides that: 

* The plaintiff must give the Urban Authority written notice of intention to sue of at least one month and such notice is required under section 97 (2) of Act no. 8 of 1982 to state cause of action, name and place of abode of plaintiff and relief claimed; and 

* To proceed filing the suit after the expiry of a period of at least one month.

And as regard District Authority, section 183(1) of the Local Government (District Authorities) Act, no. 7 of 1982 provides the following procedures in suing District Authority: 

* the Plaintiff should issue a written notice of intention to sue the District Authority of at least one month. Notice should include cause of action name and place of abode of the Plaintiff and relief claimed. 

*Then to commence a suit against the District Authority after expiry of period of notice. 

Note: Section 97 of Act No.8 1982 and section 183 of Act no.7 of 1982require written notice of intention to sue Urban Authority or District Authority to served on the chairman or the chief Executive of the either Authority at his/her principal office.

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