karatu district council vs minister regional administration another 2003 tzhc 72 3 april 2003

karatu district council vs minister regional administration another 2003 tzhc 72 3 april 2003

No order granting a temporary injunction can be made against the Government or the Attorney General under the amended Civil Procedure Code, and there is no pending suit justifying such an injunction. The application is therefore dismissed.

Citation
karatu district council vs minister regional administration another 2003 tzhc 72 3 april 2003
Parties
Applicant: Karatu District Council; 1st Respondent: Minister for Regional Administration and Local Government; 2nd Respondent: 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 Injunctions, Jurisdiction, Government Proceedings, Prerogative Orders
Source Language
English
Administrative Law Civil Procedure Temporary Injunctions Jurisdiction Government Proceedings Prerogative Orders

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Parties

Karatu District Council

Applicant

Minister for Regional Administration and Local Government

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether a temporary injunction can be granted to restrain the Minister from dissolving the applicant council pending determination of prerogative orders
  2. 2 Whether the application is maintainable against the Government and Attorney General

Ratio Decidendi

No order granting a temporary injunction can be made against the Government or the Attorney General under the amended Civil Procedure Code, and there is no pending suit justifying such an injunction. The application is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs.
  • Hearing of the application for leave to file an application for prerogative orders is fixed on 9th April, 2003 at 2.00 p.m.