philip samson chigulu ta philip samson chigulu agent vs judge of the high court of tanzania and others 2021 tzhc 6648 19 october 2021

philip samson chigulu ta philip samson chigulu agent vs judge of the high court of tanzania and others 2021 tzhc 6648 19 october 2021

The petition was dismissed because the petitioner failed to exhaust alternative remedies available under other laws, rendering the petition premature, frivolous, and vexatious. The supporting affidavit was also found incurably defective for containing legal arguments and conclusions.

Citation
philip samson chigulu ta philip samson chigulu agent vs judge of the high court of tanzania and others 2021 tzhc 6648 19 october 2021
Parties
Petitioner: Philip Samson Chigulu T/A Philip Samson Chigulu Agent; 1st Respondent: Judge of the High Court of Tanzania; 2nd Respondent: The Attorney General; 3rd Respondent: Market Insight Ltd; 4th Respondent: Managing Director for Market Insight Ltd; 5th Respondent: Director for Operation for Market Insight Ltd; 6th Respondent: Director for Administration and Financial for Market Insight Ltd; 7th Respondent: Advocate Elisha C. Mwinuka for Market Insight Ltd; 8th Respondent: Advocate Angela M. Masesa for Market Insight Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2021
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections
Outcome
Petition dismissed with costs
Legal Topics
Exhaustion of Remedies, Frivolous and Vexatious Litigation, Jurisdiction, Affidavit Requirements, Abuse of Process
Source Language
English
Constitutional Law Civil Procedure Exhaustion of Remedies Frivolous and Vexatious Litigation Jurisdiction Affidavit Requirements Abuse of Process

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Parties

Philip Samson Chigulu T/A Philip Samson Chigulu Agent

Petitioner

Judge of the High Court of Tanzania

1st Respondent

The Attorney General

2nd Respondent

Market Insight Ltd

3rd Respondent

Managing Director for Market Insight Ltd

4th Respondent

Director for Operation for Market Insight Ltd

5th Respondent

Director for Administration and Financial for Market Insight Ltd

6th Respondent

Advocate Elisha C. Mwinuka for Market Insight Ltd

7th Respondent

Advocate Angela M. Masesa for Market Insight Ltd

8th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the petition is maintainable before the High Court without exhaustion of alternative remedies under other laws
  2. 2 Whether the petition is frivolous, vexatious, and an abuse of court process
  3. 3 Whether the supporting affidavit is incurably defective

Ratio Decidendi

The petition was dismissed because the petitioner failed to exhaust alternative remedies available under other laws, rendering the petition premature, frivolous, and vexatious. The supporting affidavit was also found incurably defective for containing legal arguments and conclusions.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed for being incompetent, frivolous, vexatious, and an abuse of court process
  • Petitioner to pay costs to the respondents