20051110 TZHC Dar es Salaam

20051110 TZHC Dar es Salaam

The High Court lacks jurisdiction to review or quash the proceedings or decisions of the Commission for Human Rights and Good Governance or to compel the Chairman to appoint a new panel, as expressly precluded by section 17(3) of the Act.

Citation
20051110 TZHC Dar es Salaam
Parties
Applicant: Elisha Marwa Nyamuhanga & 59 Others; Respondent: Commission for Human Rights and Good Governance; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2005
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Jurisdiction, Certiorari, Mandamus, Commission for Human Rights and Good Governance
Source Language
English
Administrative Law Human Rights Jurisdiction Certiorari Mandamus Commission for Human Rights and Good Governance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Elisha Marwa Nyamuhanga & 59 Others

Applicant

Commission for Human Rights and Good Governance

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for certiorari and mandamus against the Commission for Human Rights and Good Governance under section 17(3) of the Commission for Human Rights and Good Governance Act, 2001

Ratio Decidendi

The High Court lacks jurisdiction to review or quash the proceedings or decisions of the Commission for Human Rights and Good Governance or to compel the Chairman to appoint a new panel, as expressly precluded by section 17(3) of the Act.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicants to pay costs