20121212 TZCA Dar es Salaam

20121212 TZCA Dar es Salaam

There is no statutory requirement for leave to apply for judicial review in Tanzania, so the question of citing or not citing a relevant provision does not arise; the preliminary objection is misconceived. The notice of appeal is defective but curable by amendment under Rule 111 of the Court of Appeal Rules, 2009.

Citation
20121212 TZCA Dar es Salaam
Parties
Appellant: Lugano S. Kalomba & 22 Others; 1st Respondent: The Permanent Secretary, Ministry of Education and Vocational Training; 2nd Respondent: The Honourable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Notice of Appeal Defect
Outcome
Preliminary objection dismissed; order for amendment of notice of appeal within 21 days.
Legal Topics
Judicial Review, Leave to Apply for Certiorari, Notice of Appeal, Representative Suits
Source Language
English
Administrative Law Civil Procedure Judicial Review Leave to Apply for Certiorari Notice of Appeal Representative Suits

Case Brief

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Parties

Lugano S. Kalomba & 22 Others

Appellant

The Permanent Secretary, Ministry of Education and Vocational Training

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Notice of Appeal Defect

Legal Issues

  1. 1 Whether the High Court was properly moved to grant leave for judicial review given the cited statutory provisions
  2. 2 Whether the notice of appeal naming 'Lugano S. Kalomba & 22 Others' is valid under the Court of Appeal Rules

Ratio Decidendi

There is no statutory requirement for leave to apply for judicial review in Tanzania, so the question of citing or not citing a relevant provision does not arise; the preliminary objection is misconceived. The notice of appeal is defective but curable by amendment under Rule 111 of the Court of Appeal Rules, 2009.

Court Disposition

Preliminary objection dismissed; order for amendment of notice of appeal within 21 days.

Orders

  • Preliminary objection dismissed.
  • Notice of appeal to be amended to include names of all appellants within 21 days.