ATTORNEY GENERAL v. MKONGO BUILDING AND CIVIL WORKS AND ANOTHER, CIVIL APPLICATION NO. 166/16 OF 2020

Abstract

Held: (i) A person who is not a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal, and their only recourse to the Court of Appeal is through an application for revision under section 4(3) of the Appellate Jurisdiction Act to protect their interest. (ii) When the Attorney General is made aware of pending proceedings before the High Court, they are bound to comply with the provisions of section 17(2)(a)(b) of Cap. 268 by seeking to join the proceedings to safeguard the public interest rather than lodging a separate application.