19991005 TZHC Dar es Salaam
The High Court, having refused leave to apply for prerogative orders, is functus officio and lacks jurisdiction to grant any form of interim relief pending appeal; such jurisdiction lies with the Court of Appeal.
- Citation
- 19991005 TZHC Dar es Salaam
- Parties
- Applicant: TUICO - OTTU Union; Applicant: Augustine Celestine; 1st Respondent: K C (1997) Ltd; 2nd Respondent: PSRC; 3rd Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 1999
- Procedural Posture
- Miscellaneous Civil Cause / Ruling on Preliminary Objection
- Outcome
- Preliminary objection sustained; application struck out.
- Legal Topics
- Interim Relief, Functus Officio, Jurisdiction, Prerogative Orders, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
TUICO - OTTU Union
Applicant
Augustine Celestine
Applicant
K C (1997) Ltd
1st Respondent
PSRC
2nd Respondent
Attorney General
3rd Respondent
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to grant interim relief pending appeal after refusing leave to apply for prerogative orders
Ratio Decidendi
The High Court, having refused leave to apply for prerogative orders, is functus officio and lacks jurisdiction to grant any form of interim relief pending appeal; such jurisdiction lies with the Court of Appeal.
Court Disposition
Preliminary objection sustained; application struck out.
Orders
- Chamber summons struck out.
Full Case Text
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