RULING

RULING

The petition was struck out for incompetence because the petitioner failed to exhaust available alternative remedies, specifically judicial review and statutory appeals, as required by section 8(2) of BRADEA. The alleged contraventions were of statutory provisions and could be addressed by judicial review, not by constitutional petition.

Citation
RULING
Parties
Petitioner: Hon. Luhaga Joelson Mpina; 1st Respondent: Hon. Minister for Agriculture; 2nd Respondent: Sugar Board of Tanzania; 3rd Respondent: ITEL East Africa Limited; 4th Respondent: Yasser Provision Store Limited; 5th Respondent: Zenj General Merchandize Company Limited; 6th Respondent: Hon. Minister for Finance; 7th Respondent: The Commissioner General Tanzania Revenue Authority; 8th Respondent: Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2008
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections (competence of Petition)
Outcome
Petition struck out for incompetence for failure to exhaust alternative remedies.
Legal Topics
Exhaustion of Alternative Remedies, Judicial Review, Locus Standi, Ultra Vires Acts, Tax Exemptions, Public Interest Litigation
Source Language
English
Constitutional Law Administrative Law Tax Law Public Procurement Law Exhaustion of Alternative Remedies Judicial Review Locus Standi Ultra Vires Acts +2 more

Case Brief

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Parties

Hon. Luhaga Joelson Mpina

Petitioner

Hon. Minister for Agriculture

1st Respondent

Sugar Board of Tanzania

2nd Respondent

ITEL East Africa Limited

3rd Respondent

Yasser Provision Store Limited

4th Respondent

Zenj General Merchandize Company Limited

5th Respondent

Hon. Minister for Finance

6th Respondent

The Commissioner General Tanzania Revenue Authority

7th Respondent

Hon. Attorney General

8th Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections (competence of Petition)

Legal Issues

  1. 1 Whether the petition is incompetent for failure to exhaust alternative remedies under section 8(2) of the Basic Rights and Duties Enforcement Act (BRADEA)
  2. 2 Whether the petition properly invokes constitutional jurisdiction or is a matter for judicial review
  3. 3 Whether the petitioner has locus standi to bring the petition

Ratio Decidendi

The petition was struck out for incompetence because the petitioner failed to exhaust available alternative remedies, specifically judicial review and statutory appeals, as required by section 8(2) of BRADEA. The alleged contraventions were of statutory provisions and could be addressed by judicial review, not by constitutional petition.

Court Disposition

Petition struck out for incompetence for failure to exhaust alternative remedies.

Orders

  • Petition is struck out under section 5(2) and 8(2) of BRADEA.
  • No order as to costs.