ado shaibu vs honourable john pombe magufuli president of the united republic of tanzania others 2019 tzhc 3 20 september 2019

ado shaibu vs honourable john pombe magufuli president of the united republic of tanzania others 2019 tzhc 3 20 september 2019

The petition is incompetent for lack of cause of action, improper impleading of parties, and failure to comply with procedural requirements. Reliefs sought cannot be granted against the respondents as impleaded. The affidavit defects do not constitute pure points of law and are not fatal at this stage. The petition is frivolous, vexatious, and an abuse of court process. The language used by petitioner's counsel warrants suspension pending disciplinary proceedings.

Citation
ado shaibu vs honourable john pombe magufuli president of the united republic of tanzania others 2019 tzhc 3 20 september 2019
Parties
Petitioner: Ado Shaibu; 1st Respondent: John Pombe Joseph Magufuli; 2nd Respondent: Adelardus Lubango Kilangi; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2019
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Petition struck out as incompetent
Legal Topics
Presidential Immunity, Public Interest Litigation, Appointment of Public Officers, Affidavit Defects, Professional Misconduct
Source Language
English
Constitutional Law Administrative Law Civil Procedure Presidential Immunity Public Interest Litigation Appointment of Public Officers Affidavit Defects Professional Misconduct

Case Brief

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Parties

Ado Shaibu

Petitioner

John Pombe Joseph Magufuli

1st Respondent

Adelardus Lubango Kilangi

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appointment of Adelardus Lubango Kilangi as Attorney General was unconstitutional
  2. 2 Whether the President can be sued in his official or personal capacity for acts done in office
  3. 3 Whether the petition is incompetent for failure to comply with procedural requirements

Ratio Decidendi

The petition is incompetent for lack of cause of action, improper impleading of parties, and failure to comply with procedural requirements. Reliefs sought cannot be granted against the respondents as impleaded. The affidavit defects do not constitute pure points of law and are not fatal at this stage. The petition is frivolous, vexatious, and an abuse of court process. The language used by petitioner's counsel warrants suspension pending disciplinary proceedings.

Court Disposition

Petition struck out as incompetent

Orders

  • Petitioner to pay costs
  • Ms. Fatma Aman Karume suspended from practice pending disciplinary proceedings