attorney general vs mkongo building civil works contractors ltd others 2022 tzca 527 1 september 2022

attorney general vs mkongo building civil works contractors ltd others 2022 tzca 527 1 september 2022

The Attorney General was aware of the pending High Court proceedings and was required to comply with section 17(2)(a)(b) of Cap. 268 by seeking to join those proceedings to safeguard public interest, rather than filing a revision application after the decree; failure to do so rendered the application incompetent.

Citation
attorney general vs mkongo building civil works contractors ltd others 2022 tzca 527 1 september 2022
Parties
Applicant: Attorney General; 1st Respondent: Mkongo Building and Civil Works Contractors Ltd; 2nd Respondent: Namtumbo District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2022
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Locus Standi, Attorney General's Intervention, Public Interest Litigation, Arbitral Award Registration, Revision Jurisdiction
Source Language
English
Civil Procedure Arbitration Government Proceedings Locus Standi Attorney General's Intervention Public Interest Litigation Arbitral Award Registration Revision Jurisdiction

Case Brief

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Parties

Attorney General

Applicant

Mkongo Building and Civil Works Contractors Ltd

1st Respondent

Namtumbo District Council

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Attorney General had locus standi to file the application for revision without complying with section 17(2)(a)(b) of Cap. 268
  2. 2 Whether the Attorney General was aware of the High Court proceedings and required to intervene at that stage

Ratio Decidendi

The Attorney General was aware of the pending High Court proceedings and was required to comply with section 17(2)(a)(b) of Cap. 268 by seeking to join those proceedings to safeguard public interest, rather than filing a revision application after the decree; failure to do so rendered the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs