20090416 TZHC Arusha

20090416 TZHC Arusha

The application was incompetent for being brought under the wrong provisions of law and misconceived as it sought to interfere with a lawful order of a legally established organ. The court cannot grant relief where the application is not properly founded in law.

Citation
20090416 TZHC Arusha
Parties
Applicant: Phaustine C. Revelian; Respondent: University of Arusha; Respondent: UOA Appeal Committee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 April 2009
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Temporary Injunction, Preliminary Objection, Jurisdiction, Wrong Citation of Law
Source Language
English
Civil Procedure Temporary Injunction Preliminary Objection Jurisdiction Wrong Citation of Law

Case Brief

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Parties

Phaustine C. Revelian

Applicant

University of Arusha

Respondent

UOA Appeal Committee

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for being brought under a wrong provision of law
  2. 2 Whether the application for injunction is misconceived for seeking to restrain a lawful order by a legally established organ

Ratio Decidendi

The application was incompetent for being brought under the wrong provisions of law and misconceived as it sought to interfere with a lawful order of a legally established organ. The court cannot grant relief where the application is not properly founded in law.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs