| dc.contributor.author | WAMBALI. J.A.., KEREFU. J.A. And MWAMPASHI. J.A. | |
| dc.date.accessioned | 2023-05-04T06:26:00Z | |
| dc.date.available | 2023-05-04T06:26:00Z | |
| dc.date.issued | 2022-09-01 | |
| dc.identifier.uri | http://localhost/handle/123456789/1191 | |
| dc.description | ATTORNEY GENERAL VERSUS MKONGO BUILDING AND CIVIL WORKS AND ANOTHER
COURT OF APPEAL OF TANZANIA
(CORAM: WAMBALI. J.A.. KEREFU. J.A. And MWAMPASHI. J.A.)
(CIVIL APPLICATION NO. 166/16 OF 2020)
(Application for Revision from the Final Award and Decree of the High Court of Tanzania, Commercial Division at Dar es Salaam the 12th day of March, 2018 in Miscellaneous Commercial Case No. 409 of 2017)
Civil Procedure and Practice – Public Interests Suits – the Attorney General in Public interest cases – Remedy for a person not a party to a suit
The applicant sought extension of time and upon being granted, she lodged the application for revision before this court Upon being served with the application by the applicant, the first respondent lodged the affidavit in reply to contest it followed by a notice of preliminary objection to the effect that the applicant has no locus standi to prosecute the application because of her failure to comply with the requirement of the law. The second respondent has not lodged an affidavit in reply. According to its counsel's statement before us during the hearing, she fully supports the application. This ruling is therefore in respect of the preliminary objection raised by the first respondent against the competence of the applicant's application, that the applicant has failed to comply with the requirement of section 17(2)(a) of the Office of the Attorney General (Discharge of Duties) Act, [Cap. 268 R.E. 2019] ("Cap. 268"), which provides for the procedure concerning the audience by the Attorney General in matters of public interest before the courts of law.
Held;
i. It is settled that any person not being a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal and thus his only recourse to the Court is an application for revision of impugned proceedings, in terms of section 4(3) of the ADA to vindicate his interest.
ii. The requirement of section 17(2)(a) of the Office of the Attorney General (Discharge of Duties [Cap. 268 R.E. 2019] which provides for the procedure concerning the audience by the Attorney General in matters of public interest before the courts of law mandatory where a case involve the interest of the public.
Application strike out.
Laws cited
i. Section 6A (1) of the Government Proceedings Act, [Cap. 5 R.E. 2019].
ii. Office of the Attorney General (Discharge of Duties [Cap. 268 R.E. 2019]
iii. Section 4(3) of the Appellate Jurisdiction Act, [Cap. 141 R.E. 2019]
Cases cited
i. MgeninSeif v Mohamed Yahaya Khalfan, Civil Application No. 104 of 2008
ii. Grand Regency Hotel Limited v. Pazi Ally and 5 Others, Civil Application No. 588/1 of 2017
iii. Moses Mwakibete v. The Editor, Uhuru and Two Others [1995] TLR 134) | en_US |
| dc.description.abstract | Held;
i. It is settled that any person not being a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal and thus his only recourse to the Court is an application for revision of impugned proceedings, in terms of section 4(3) of the ADA to vindicate his interest.
ii. The requirement of section 17(2)(a) of the Office of the Attorney General (Discharge of Duties [Cap. 268 R.E. 2019] which provides for the procedure concerning the audience by the Attorney General in matters of public interest before the courts of law mandatory where a case involve the interest of the public. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | ATTORNEY GENERAL VS. MKONGO BUILDING AND CIVIL WORKS CONTRACTORS LTD CIVIL APPLICATION NO. 166/16 OF 2020 AND ANOTHER | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 166/16 OF 2020 | en_US |
