20131101 TZHC Mtwara

20131101 TZHC Mtwara

The applicant had no locus standi as the Prohibited Immigrant order was issued against her husband, not herself, and she neither demonstrated a breach of her own rights nor held a power of attorney to act on his behalf. The application was brought by a wrong party with no cause of action.

Citation
20131101 TZHC Mtwara
Parties
Applicant: Winnie Cessy Soka; 1st Respondent: Regional Immigration Officer Mtwara; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs.
Legal Topics
Locus Standi, Prohibited Immigrant Orders, Power of Attorney
Source Language
English
Civil Procedure Immigration Law Locus Standi Prohibited Immigrant Orders Power of Attorney

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Parties

Winnie Cessy Soka

Applicant

Regional Immigration Officer Mtwara

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant has locus standi to file the application for orders of Certiorari and Mandamus against a Prohibited Immigrant order issued against her husband

Ratio Decidendi

The applicant had no locus standi as the Prohibited Immigrant order was issued against her husband, not herself, and she neither demonstrated a breach of her own rights nor held a power of attorney to act on his behalf. The application was brought by a wrong party with no cause of action.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.