20171025 TZCA Dar es Salaam 1

20171025 TZCA Dar es Salaam 1

The application was struck out for want of complete proceedings and pleadings, rendering it incompetent. The first and second preliminary objections regarding the Attorney General's right to bring the application were dismissed as lacking merit, as revision is the proper remedy for a non-party affected by a finalized decision.

Citation
20171025 TZCA Dar es Salaam 1
Parties
Applicant: Attorney General; First Respondent: Oysterbay Villas Limited; Second Respondent: Kinondoni Municipal Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2017
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs to the first respondent.
Legal Topics
Revision Proceedings, Attorney General's Right of Audience, Preliminary Objections, Costs
Source Language
English
Civil Procedure Administrative Law Revision Proceedings Attorney General's Right of Audience Preliminary Objections Costs

Case Brief

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Parties

Attorney General

Applicant

Oysterbay Villas Limited

First Respondent

Kinondoni Municipal Council

Second Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision was competent in law given the requirements of section 17(1) and (2) of the Office of the Attorney General (Discharge of Duties) Act, 2005
  2. 2 Whether the Attorney General could institute revision proceedings where there were no pending proceedings in the Court
  3. 3 Whether the application was incompetent for want of complete proceedings and pleadings

Ratio Decidendi

The application was struck out for want of complete proceedings and pleadings, rendering it incompetent. The first and second preliminary objections regarding the Attorney General's right to bring the application were dismissed as lacking merit, as revision is the proper remedy for a non-party affected by a finalized decision.

Court Disposition

Application struck out with costs to the first respondent.

Orders

  • Application struck out for want of complete proceedings and pleadings.
  • Costs awarded to the first respondent.