ATTORNEY GENERAL VS KATTY EXTENSION OF TIMEfinal final

ATTORNEY GENERAL VS KATTY EXTENSION OF TIMEfinal final

Failure to join Attorney General as necessary party in proceedings against a government entity constitutes illegality and jurisdictional defect, amounting to sufficient cause for extension of time to file revision.

Citation
ATTORNEY GENERAL VS KATTY EXTENSION OF TIMEfinal final
Parties
Applicant: Attorney General; 1st Respondent: Lemi Kattys; 2nd Respondent: TPB Bank PCL
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 October 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
application allowed
Legal Topics
Extension of Time, Necessary Party, Jurisdiction, Illegality, Right to Be Heard
Source Language
English

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Parties

Attorney General

Applicant

Lemi Kattys

1st Respondent

TPB Bank PCL

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 whether sufficient cause exists for extension of time to file revision
  2. 2 whether failure to join Attorney General as necessary party vitiates proceedings
  3. 3 whether District Land and Housing Tribunal had jurisdiction

Ratio Decidendi

Failure to join Attorney General as necessary party in proceedings against a government entity constitutes illegality and jurisdictional defect, amounting to sufficient cause for extension of time to file revision.

Court Disposition

application allowed

Orders

  • applicant granted extension of time to file revision from decision of Land Application No. 36 of 2019 within 7 days from date of ruling
  • no order as to costs