benitha thadei chengula vs kinondoni municipal council another 2021 tzhclandd 6906 22 december 2021

Non-joinder of the Attorney General as a necessary party vitiates the proceedings; the amendment is procedural and applies retrospectively.

Citation: benitha thadei chengula vs kinondoni municipal council another 2021 tzhclandd 6906 22 december 2021
Parties: Plaintiff: Benitho Thadei Chengula; 1st Defendant: Kinondoni Municipal Council; 2nd Defendant: National Housing Corporation
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 December 2021
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: application struck out
Legal Topics: Jurisdiction, Joinder of Parties, Cause of Action, Retrospective Application of Procedural Law
Source Language: English

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Benitho Thadei Chengula

Plaintiff

Kinondoni Municipal Council

1st Defendant

National Housing Corporation

2nd Defendant

Land Case / Ruling on Preliminary Objection

1 Whether the suit is incompetent for failure to join the Attorney General as a necessary party
2 Whether the court has jurisdiction to hear the suit
3 Whether the plaint discloses a cause of action against the 2nd defendant

Non-joinder of the Attorney General as a necessary party vitiates the proceedings; the amendment is procedural and applies retrospectively.

application struck out

Application struck out for failure to join the Attorney General as a necessary party. Parties may institute a proper suit subject to the law of limitation.