zena theopista mpenda vs ubongo municipal council 2 others 2021 tzhclandd 6942 29 october 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND APPLICATION NO. 201 OF 2021 ZENA THEOPISTA MPENDA APPLICANT VERSUS UBUNGO MUNICIPAL COUNCIL & 2 OTHERS RESPONDENT RULING Date of last order: 25/10/2021 Date of Ruling: 29/10/2021 T. N. MWENEGOHA,3. It was the Respondent's argument that this application has been filed contrary the Government Proceedings Act by adding Solicitor General as a party to the application. In reply, the Counsel for applicant challenged the objection by arguing that the Respondent, being the representative of Attorney General cannot raise a Preliminary Objection on behalf of Solicitor General in alternative, he argued that if this court buys the idea that the objection is properly raised and has merit then he prays for the name of the party to be struck out or an order to amend the application. In rejoinder, the respondent has reiterated his prayers in submission in chief. Having considered both parties arguments, I am now required to consider the issue as to whether this preliminary objection has merit. It is noted that, both counsels agree that in the suit against Government the person to be sued is Attorney General and not Solicitor General. The contention before me is what action should be taken by Court in addressing a defect such as one presented in this application both Attorney General and Solicitor General have been sued. The respondent is of the view that the whole application should struck out but the applicant is of the view that we can only struck out the Solicitor General's name. Something which the respondent think is not tenable as it has effect to the affidavit of the applicant. As pointed above,joining the Solicitor General is a defect, and consequently, affects the application as he is not a party to the Government proceeding. Therefore, I find it proper to struck out this application and for interest of justice allow the applicant to file a fresh and proper application within 14 days from the date of this Ruling. I make further order that the notice served to Attorney General to maintain its validity as Attorney General was duly notified, is aware of this matter and dully entered appearance in Court. Costs shall follow cause. It is so ordered. Dated at Dar res salaam this 29*'' day of October, 2021. :'7 i\ s H GOHA MM Mr-'i JUDGE ✓ A & orvi^-