national housing corporation vs tanzania shoe company and 28 others 1995 tzca 32 26 october 1995

national housing corporation vs tanzania shoe company and 28 others 1995 tzca 32 26 october 1995

The failure to summon the Attorney General as a party to the proceedings, as mandated by Section 17A(2) of Cap. 360, constituted a fundamental procedural defect that rendered the High Court proceedings null and void.

Citation
national housing corporation vs tanzania shoe company and 28 others 1995 tzca 32 26 october 1995
Parties
Appellant: National Housing Corporation; Respondents: Tanzania Shoe Company and 28 Others; Necessary Party: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 October 1995
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Prerogative Orders, Certiorari, Prohibition, Constitutional Interpretation, Mandatory Party Participation
Source Language
English
Constitutional Law Administrative Law Civil Procedure Prerogative Orders Certiorari Prohibition Constitutional Interpretation Mandatory Party Participation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

National Housing Corporation

Appellant

Tanzania Shoe Company and 28 Others

Respondents

Attorney General

Necessary Party

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court proceedings were null and void for failure to summon the Attorney General as a necessary party under Section 17A(2) of Cap. 360 as amended by Act No. 27 of 1991
  2. 2 Whether the orders of certiorari and prohibition were validly granted in the absence of the Attorney General

Ratio Decidendi

The failure to summon the Attorney General as a party to the proceedings, as mandated by Section 17A(2) of Cap. 360, constituted a fundamental procedural defect that rendered the High Court proceedings null and void.

Court Disposition

appeal allowed

Orders

  • High Court proceedings declared null and void and set aside
  • Costs awarded to appellant for one counsel only