The plaintiff entered into a contract with the defendant,
that the plaintiff had to collect toll within Tunduru District. Dispute between
the parties arose when the Defendant is alleged to have terminated the existing
contract, without the plaintiff being notified. As per the contract the
termination ought to have been done after the defendant had served a notice of
sixty (60) days to the plaintiff. Following the termination, the plaintiff
filed a notice of thirty (30)’ days before instituting the suit against the
Defendant, as required by The Local Government (District Authorities) Act [Cap
287 R.E. 2002]. After expiry of the thirty (30) days’ notice the plaintiff
instituted a civil suit for breach of contract. The defendant raised a
preliminary objection. That the notice was not valid as it did not comply with
section 190 (1) and (2) of the Act, and that there was no cause of action.