20170710 TZHC Dodoma

20170710 TZHC Dodoma

The application was dismissed because the 3rd applicant failed to exhaust available remedies under the Parliamentary Standing Orders, the supporting affidavit was incompetent for disclosing parliamentary proceedings without leave and containing legal arguments, and constitutional issues were improperly raised in an application for judicial review rather than by constitutional petition.

Citation
20170710 TZHC Dodoma
Parties
Applicant: Hon. Halima James Mdee; Applicant: Hon. Ester Amos Bulaya; Applicant: Hon. John John Mnyika; Respondent: Hon. Job Yustino Ndugai, The Speaker of the National Assembly of the United Republic of Tanzania; Respondent: Hon. George Huruma Mkuchika, The Chairman, Parliamentary Powers, Privileges and Ethics Committee; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2017
Procedural Posture
Miscellaneous Civil Application (judicial Review Leave for Certiorari) / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Parliamentary Privilege, Exhaustion of Remedies, Affidavit Competency, Constitutional Challenge
Source Language
English
Administrative Law Constitutional Law Parliamentary Law Judicial Review Parliamentary Privilege Exhaustion of Remedies Affidavit Competency Constitutional Challenge

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 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Hon. Halima James Mdee

Applicant

Hon. Ester Amos Bulaya

Applicant

Hon. John John Mnyika

Applicant

Hon. Job Yustino Ndugai, The Speaker of the National Assembly of the United Republic of Tanzania

Respondent

Hon. George Huruma Mkuchika, The Chairman, Parliamentary Powers, Privileges and Ethics Committee

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application (judicial Review Leave for Certiorari) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for failure to cite enabling provisions
  2. 2 Whether the application contravenes the Constitution and Parliamentary Immunities, Powers and Privileges Act
  3. 3 Whether applicants failed to exhaust available remedies under Parliamentary Standing Orders

Ratio Decidendi

The application was dismissed because the 3rd applicant failed to exhaust available remedies under the Parliamentary Standing Orders, the supporting affidavit was incompetent for disclosing parliamentary proceedings without leave and containing legal arguments, and constitutional issues were improperly raised in an application for judicial review rather than by constitutional petition.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs