attorney general vs trustees of the tanzania national parks others 2021 tzhc 2042 11 january 2021

attorney general vs trustees of the tanzania national parks others 2021 tzhc 2042 11 january 2021

The Trustees of the Tanzania National Parks are a parastatal organization within the meaning of section 6(3) of the Government Proceedings Act; mandatory joinder of the Attorney General was required; failure to comply rendered the proceedings and impugned order a nullity.

Citation
attorney general vs trustees of the tanzania national parks others 2021 tzhc 2042 11 january 2021
Parties
Applicant: The Attorney General; 1st Respondent: The Trustees of the Tanzania National Parks; 2nd Respondent: Machanya Nemba Singu; 3rd Respondent: Ugumba Igembe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 January 2021
Procedural Posture
Civil Revision / Ruling
Outcome
Application granted with costs
Legal Topics
Government Proceedings, Joinder of Parties, Parastatal Organizations, Interim Orders, Procedural Compliance
Source Language
English
Civil Procedure Administrative Law Government Proceedings Joinder of Parties Parastatal Organizations Interim Orders Procedural Compliance

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Parties

The Attorney General

Applicant

The Trustees of the Tanzania National Parks

1st Respondent

Machanya Nemba Singu

2nd Respondent

Ugumba Igembe

3rd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether section 6 of the Government Proceedings Act applies to civil proceedings against the Trustees of the Tanzania National Parks
  2. 2 Legal effect of failure to comply with section 6 of the Government Proceedings Act in proceedings and orders before the lower court

Ratio Decidendi

The Trustees of the Tanzania National Parks are a parastatal organization within the meaning of section 6(3) of the Government Proceedings Act; mandatory joinder of the Attorney General was required; failure to comply rendered the proceedings and impugned order a nullity.

Court Disposition

Application granted with costs

Orders

  • Entire proceedings in Misc. Civil Application No. 29 of 2020 before the lower court declared a nullity and quashed
  • Impugned order dated 31st December, 2020 set aside