attorney general vs oysterbay villas limited another 2017 tzca 287 31 october 2017

attorney general vs oysterbay villas limited another 2017 tzca 287 31 october 2017

The application was incompetent for want of complete proceedings and pleadings, as conceded by the applicant, and thus was struck out. The Attorney General's right to seek revision is not limited by section 17 of the Act in finalized matters, but the application failed on procedural grounds.

Citation
attorney general vs oysterbay villas limited another 2017 tzca 287 31 october 2017
Parties
Applicant: Attorney General; 1st Respondent: Oysterbay Villas Limited; 2nd Respondent: Kinondoni Municipal Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 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

1st Respondent

Kinondoni Municipal Council

2nd 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 absence of complete proceedings and pleadings
  2. 2 Whether the Attorney General could institute revision proceedings under section 17 of the Office of the Attorney General (Discharge of Duties) Act, 2005
  3. 3 Whether the application was an abuse of process as an alternative to appeal

Ratio Decidendi

The application was incompetent for want of complete proceedings and pleadings, as conceded by the applicant, and thus was struck out. The Attorney General's right to seek revision is not limited by section 17 of the Act in finalized matters, but the application failed on procedural grounds.

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.