wariaeli ndeshilio mafie vs resident magistrate another 2008 tzhc 170 4 december 2008

wariaeli ndeshilio mafie vs resident magistrate another 2008 tzhc 170 4 december 2008

The existence of a right of appeal is not a bar to judicial review remedies of certiorari and mandamus by the High Court, and interlocutory orders by subordinate courts are not immunized from judicial review proceedings; statutory restrictions on appeals/revisions do not apply to judicial review.

Citation
wariaeli ndeshilio mafie vs resident magistrate another 2008 tzhc 170 4 december 2008
Parties
Applicant: Applicant (Name not specified); 1st Respondent: The Honourable Current Succeeding Resident Magistrate; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2008
Procedural Posture
Miscellaneous Criminal Cause (judicial Review) / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled
Legal Topics
Certiorari, Mandamus, Prerogative Orders, Interlocutory Orders, Exhaustion of Remedies
Source Language
English
Administrative Law Criminal Law Judicial Review Certiorari Mandamus Prerogative Orders Interlocutory Orders Exhaustion of Remedies

Case Brief

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Parties

Applicant (Name not specified)

Applicant

The Honourable Current Succeeding Resident Magistrate

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Criminal Cause (judicial Review) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the existence of a right of appeal is a bar to an application for judicial review remedies of certiorari and mandamus by the High Court
  2. 2 Whether an interlocutory order by a subordinate court is immunized from judicial review proceedings by the High Court in view of statutory restrictions

Ratio Decidendi

The existence of a right of appeal is not a bar to judicial review remedies of certiorari and mandamus by the High Court, and interlocutory orders by subordinate courts are not immunized from judicial review proceedings; statutory restrictions on appeals/revisions do not apply to judicial review.

Court Disposition

Preliminary objections overruled

Orders

  • Both preliminary points lack merit and are hereby overruled.