karatu district council vs ministry regional administration another 2003 tzhc 50 3 april 2003

karatu district council vs ministry regional administration another 2003 tzhc 50 3 april 2003

The application for a temporary injunction cannot be granted as there is no pending suit between the parties, and by virtue of the Civil Procedure Code and its amendments, temporary injunctions cannot be issued against the Government or the Attorney General. Even if there were a pending application for prerogative orders, the law precludes granting such injunctions against the Government.

Citation
karatu district council vs ministry regional administration another 2003 tzhc 50 3 april 2003
Parties
Applicant: Karatu District Council; 1st Respondent: The Minister for Regional Administration; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 April 2003
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunction, Prerogative Orders, Jurisdiction, Ultra Vires, Natural Justice
Source Language
English
Civil Procedure Administrative Law Temporary Injunction Prerogative Orders Jurisdiction Ultra Vires Natural Justice

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Parties

Karatu District Council

Applicant

The Minister for Regional Administration

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the Minister from dissolving the council pending determination of prerogative orders
  2. 2 Whether the application is maintainable against the government and Attorney General under the Civil Procedure Code

Ratio Decidendi

The application for a temporary injunction cannot be granted as there is no pending suit between the parties, and by virtue of the Civil Procedure Code and its amendments, temporary injunctions cannot be issued against the Government or the Attorney General. Even if there were a pending application for prerogative orders, the law precludes granting such injunctions against the Government.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs
  • Hearing of the application for leave to file prerogative orders fixed for 9th April, 2003 at 2:00 p.m.