MISC CAUSE NO 16679 OF 2024 ATHUMAN MSAFIRI KITANGA V

MISC CAUSE NO 16679 OF 2024 ATHUMAN MSAFIRI KITANGA V

Omission to plead all prerogative orders for which leave was granted does not render the application incompetent; an applicant may abandon some orders, provided no new orders are introduced beyond those for which leave was granted.

Citation
MISC CAUSE NO 16679 OF 2024 ATHUMAN MSAFIRI KITANGA V
Parties
Applicant: Athuman Msafiri Kitanga; 1st Respondent: The Governing Board of the College of the Business Education (CBE - Dar es Salaam College); 2nd Respondent: The Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Judicial Review Procedure
Source Language
English
Administrative Law Judicial Review Prerogative Orders Certiorari Mandamus Judicial Review Procedure

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Athuman Msafiri Kitanga

Applicant

The Governing Board of the College of the Business Education (CBE - Dar es Salaam College)

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission to plead all prerogative orders for which leave was granted renders the application incompetent under rule 8(1)(a) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014

Ratio Decidendi

Omission to plead all prerogative orders for which leave was granted does not render the application incompetent; an applicant may abandon some orders, provided no new orders are introduced beyond those for which leave was granted.

Court Disposition

Preliminary objection overruled

Orders

  • No order as to costs
  • Right of appeal explained