attorney general vs tanzania ports authority another 2020 tzca 380 7 august 2020

attorney general vs tanzania ports authority another 2020 tzca 380 7 august 2020

Where a notice of appeal is pending and has not been withdrawn by court order, an application for revision on the same decision is not maintainable, even if the applicant was not a party to the original proceedings.

Citation
attorney general vs tanzania ports authority another 2020 tzca 380 7 august 2020
Parties
Applicant: Attorney General; 1st Respondent: Tanzania Ports Authority; 2nd Respondent: Alex Msama Mwita
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 2020
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Revision Jurisdiction, Notice of Appeal, Government Interest in Litigation, Jurisdiction of Tribunals, Public Property
Source Language
English
Civil Procedure Land Law Administrative Law Revision Jurisdiction Notice of Appeal Government Interest in Litigation Jurisdiction of Tribunals Public Property

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Parties

Attorney General

Applicant

Tanzania Ports Authority

1st Respondent

Alex Msama Mwita

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is maintainable when a notice of appeal is pending on the same decision
  2. 2 Whether the Attorney General can intervene in proceedings where a government interest exists but was not a party below

Ratio Decidendi

Where a notice of appeal is pending and has not been withdrawn by court order, an application for revision on the same decision is not maintainable, even if the applicant was not a party to the original proceedings.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs