freeman aikael mbowe vs the director of public prosecutions and others 2021 tzhc 6312 23 september 2021

freeman aikael mbowe vs the director of public prosecutions and others 2021 tzhc 6312 23 september 2021

The High Court lacks jurisdiction to entertain the petition until the petitioner exhausts alternative remedies available in the criminal trial court as required by section 4(5) and 8(2) of Cap 3. The petition is therefore dismissed.

Citation
freeman aikael mbowe vs the director of public prosecutions and others 2021 tzhc 6312 23 september 2021
Parties
Petitioner: Freeman Aikael Mbowe; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Inspector General of Police (IGP); 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
Jurisdiction, Exhaustion of Remedies, Res Subjudice, Joinder of Parties, Frivolous and Vexatious Litigation
Source Language
English
Constitutional Law Civil Procedure Jurisdiction Exhaustion of Remedies Res Subjudice Joinder of Parties Frivolous and Vexatious Litigation

Case Brief

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Parties

Freeman Aikael Mbowe

Petitioner

Director of Public Prosecutions

1st Respondent

Inspector General of Police (IGP)

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction before exhaustion of alternative remedies under Cap 3
  2. 2 Whether the petition is res subjudice due to pending criminal proceedings
  3. 3 Whether non-joinder of Kisutu Court renders the petition bad in law

Ratio Decidendi

The High Court lacks jurisdiction to entertain the petition until the petitioner exhausts alternative remedies available in the criminal trial court as required by section 4(5) and 8(2) of Cap 3. The petition is therefore dismissed.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • Application dismissed in its entirety.
  • No order as to costs.