Attorney General vs Mkongo Building and Civil Works and Another (Civil Application No. 166/16 of 2020) [2020] TZCA 1974 (16 March 2020)

ATTORNEY GENERAL v. MKONGO BUILDING AND CIVIL WORKS AND ANOTHER COURT OF APPEAL OF TANZANIA (CORAM: WAMBALI. J.A.. KEREFU. J.A. And MWAMPASHI. J.A.) (CIVIL APPLICATION NO. 166/16 OF 2020) (Application for Revision from the Final Award and Decree of the High Court of Tanzania, Commercial Division at Dar es Salaam the 12th day of March, 2018 in Miscellaneous Commercial Case No. 409 of 2017) Civil Procedure and Practice – Public Interests Suits – the Attorney General in Public interest cases – Remedy for a person not a party to a suit The applicant sought an extension of time, which was granted, and subsequently lodged an application for revision before the court. Upon being served, the first respondent filed an affidavit in reply and raised a preliminary objection, arguing that the applicant lacked locus standi to prosecute the application due to non- compliance with the legal requirements. The second respondent did not file an affidavit in reply but supported the application through its counsel's statement during the hearing. The court's ruling concerns the preliminary objection raised by the first respondent, asserting that the applicant failed to comply with the requirements of section 17(2)(a) of the Office of the Attorney General (Discharge of Duties) Act, [Cap. 268 R.E. 2019]. Held; (i) A person who is not a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal, and their only recourse to the Court of Appeal is through an application for revision under section 4(3) of the Appellate Jurisdiction Act to protect their interest. (ii) When the Attorney General is made aware of pending proceedings before the High Court, they are bound to comply with the provisions of section 17(2)(a)(b) of Cap. 268 by seeking to join the proceedings to safeguard the public interest rather than lodging a separate application. Application struck out. Statutory Provisions referred to: (i) Section 6A (1) of the Government Proceedings Act, [Cap. 5 R.E. 2019]. (ii) Office of the Attorney General (Discharge of Duties [Cap. 268 R.E. 2019] (iii) Section 4(3) of the Appellate Jurisdiction Act, [Cap. 141 R.E. 2019]

Cases referred to: (iv) Mgeni Seif v. Mohamed Yahaya Khalfan, Civil Application No. 104 of 2008 (v) Grand Regency Hotel Limited v. Pazi Ally and 5 Others, Civil Application No. 588/1 of 2017 (vi) Moses Mwakibete v. The Editor, Uhuru and Two Others [1995] TLR 134)