karatu district council vs minister regional administration another 2003 tzhc 28 3 april 2003

karatu district council vs minister regional administration another 2003 tzhc 28 3 april 2003

No temporary injunction can be granted against the Government or the Attorney General in this context, and there is no pending suit justifying such relief. The application is therefore dismissed.

Citation
karatu district council vs minister regional administration another 2003 tzhc 28 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, Government Proceedings, Prerogative Orders, Jurisdiction
Source Language
English
Administrative Law Civil Procedure Temporary Injunctions Government Proceedings Prerogative Orders Jurisdiction

Case Brief

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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 against the Government and Attorney General in the circumstances
  2. 2 Whether the Minister's order constitutes a threat justifying injunctive relief

Ratio Decidendi

No temporary injunction can be granted against the Government or the Attorney General in this context, and there is no pending suit justifying such relief. 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 for prerogative orders fixed for 9th April, 2003 at 2.00 p.m.