20081204 TZHC Arusha

20081204 TZHC Arusha

Existence of a right of appeal does not bar an application for judicial review remedies of certiorari and mandamus by the High Court; interlocutory orders by subordinate courts are not immunized from judicial review by statutory restrictions; both preliminary objections lack merit and are overruled.

Citation
20081204 TZHC Arusha
Parties
Applicant: Applicant (Name not specified); 1st Respondent: The Honourable Current Succeeding Resident Magistrate who presided over proceedings, rulings and orders vide District Court of Arusha at Arusha Criminal Case No. 583 of 2003; 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, Exhaustion of Remedies, Interlocutory Orders, Supervisory Jurisdiction
Source Language
English
Administrative Law Criminal Law Judicial Review Certiorari Mandamus Prerogative Orders Exhaustion of Remedies Interlocutory Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Applicant (Name not specified)

Applicant

The Honourable Current Succeeding Resident Magistrate who presided over proceedings, rulings and orders vide District Court of Arusha at Arusha Criminal Case No. 583 of 2003

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

Existence of a right of appeal does not bar an application for judicial review remedies of certiorari and mandamus by the High Court; interlocutory orders by subordinate courts are not immunized from judicial review by statutory restrictions; both preliminary objections lack merit and are overruled.

Court Disposition

Preliminary objections overruled

Orders

  • Both preliminary points of objection are dismissed for lack of merit.