msk refinary ltd vs tib development bank ltd and another 2020 tzhc 1326 30 june 2020

msk refinary ltd vs tib development bank ltd and another 2020 tzhc 1326 30 june 2020

Failure to join the Attorney General as a necessary party in proceedings against the Government or its entities, including applications, renders the proceedings incompetent under section 6(3) and (4) of the Government Proceedings Act as amended.

Citation
msk refinary ltd vs tib development bank ltd and another 2020 tzhc 1326 30 june 2020
Parties
Applicant: MSK Refinary Limited; 1st Respondent: TIB Development Bank Limited; 2nd Respondent: YONO Auction Mart and Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2020
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Joinder of Attorney General, Interpretation of 'suit', Injunctions, Competence of Proceedings
Source Language
English
Civil Procedure Government Proceedings Joinder of Attorney General Interpretation of 'suit' Injunctions Competence of Proceedings

Case Brief

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Parties

MSK Refinary Limited

Applicant

TIB Development Bank Limited

1st Respondent

YONO Auction Mart and Co. Ltd

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to join the Attorney General renders the application incompetent under section 6(3) and (4) of the Government Proceedings Act as amended
  2. 2 Whether the term 'suit' in section 6(3) of the Government Proceedings Act includes applications

Ratio Decidendi

Failure to join the Attorney General as a necessary party in proceedings against the Government or its entities, including applications, renders the proceedings incompetent under section 6(3) and (4) of the Government Proceedings Act as amended.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for incompetence due to non-joinder of the Attorney General.
  • Costs awarded to the respondents.