the permanent secretary ministry of planning economy and empowerment vs ms a construction co ltd 2007 tzhccomd 72 27 december 2007

the permanent secretary ministry of planning economy and empowerment vs ms a construction co ltd 2007 tzhccomd 72 27 december 2007

Mr. Lukwaro, being a private advocate and not a public officer, has no locus standi to represent the government in court proceedings under the Government Proceedings Act; all documents filed by him are expunged and respondents must be served afresh.

Citation
the permanent secretary ministry of planning economy and empowerment vs ms a construction co ltd 2007 tzhccomd 72 27 december 2007
Parties
Applicant/respondent: The Permanent Secretary, Ministry of Planning Economy and Empowerment; Respondent/claimant: M/S E & A Construction Co. Ltd.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 December 2007
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objections
Outcome
second preliminary objection allowed with costs
Legal Topics
Procedure for Applications Under Arbitration Act, Representation of Government in Court, Extension of Time, Locus Standi
Source Language
English
Arbitration Government Proceedings Procedure for Applications Under Arbitration Act Representation of Government in Court Extension of Time Locus Standi

Case Brief

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Parties

The Permanent Secretary, Ministry of Planning Economy and Empowerment

Applicant/respondent

M/S E & A Construction Co. Ltd.

Respondent/claimant

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether Rule 5 of the Arbitration Rules applies to applications for extension of time under the Arbitration Act
  2. 2 Whether a private advocate can represent the government in proceedings under the Government Proceedings Act

Ratio Decidendi

Mr. Lukwaro, being a private advocate and not a public officer, has no locus standi to represent the government in court proceedings under the Government Proceedings Act; all documents filed by him are expunged and respondents must be served afresh.

Court Disposition

second preliminary objection allowed with costs

Orders

  • All documents filed by Mr. Lukwaro are expunged from the record.
  • Respondents to be served with the petition for appropriate response.