macknoel muro versus the director ubungo municipal council 2 others 2023 tzhclandd 16616 30 june 2023

macknoel muro versus the director ubungo municipal council 2 others 2023 tzhclandd 16616 30 june 2023

The application was instituted against a wrong party, as the Municipal Director cannot be sued on behalf of the Ubungo Municipal Council, which is a body corporate. This defect cannot be cured by the overriding objective principle.

Citation
macknoel muro versus the director ubungo municipal council 2 others 2023 tzhclandd 16616 30 june 2023
Parties
Applicant: Macknoel Muro; 1st Respondent: The Director, Ubungo Municipal Council; 2nd Respondent: The Attorney General; 3rd Respondent: The Solicitor General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Proper Party to Sue, Overriding Objective Principle, Corporate Status of Urban Authorities
Source Language
English
Civil Procedure Local Government Law Land Law Proper Party to Sue Overriding Objective Principle Corporate Status of Urban Authorities

Case Brief

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Parties

Macknoel Muro

Applicant

The Director, Ubungo Municipal Council

1st Respondent

The Attorney General

2nd Respondent

The Solicitor General

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was instituted against a proper party
  2. 2 Whether the application contravened Order XXXVII Rule 1(b) of the Civil Procedure Code

Ratio Decidendi

The application was instituted against a wrong party, as the Municipal Director cannot be sued on behalf of the Ubungo Municipal Council, which is a body corporate. This defect cannot be cured by the overriding objective principle.

Court Disposition

Application struck out

Orders

  • No order as to costs