NATIONAL HOUSING CORPORATION v TANZANIA SHOE COMPANY AND OTHERS 1995 TLR 251

Facts
The High Court entertained proceedings involving the interpretation of the Constitutional provisions enshrining basic rights and freedoms without summoning the Attorney General to appear as a party in the proceedings. On appeal the Court of Appeal considered whether or not the High Court was competent to proceed with the hearing without the Attorney General. 
Held
(i) The Attorney General was not summoned as a party to appear for the hearing of the proceedings and the failure to so summon the Attorney General by the trial court contravened the provisions of s 17A(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance, Cap 360 as amended by Act No 27 of 1991.
(ii) Since the trial commenced and continued in the absence of a necessary party the Court proceeded without authority and that constituted a major defect which went to the root of the trial thus rendering the proceedings null and void. 
Case Infomation 
Appeal allowed

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