alphonce lusako vs attorney general 2022 tzhc 15882 18 august 2022

alphonce lusako vs attorney general 2022 tzhc 15882 18 august 2022

The defect in the affidavit is procedural and curable by amendment, not fatal; however, the High Court lacks jurisdiction to order constitutional amendment or harmonise constitutional provisions as this power is vested in Parliament, not the courts.

Citation
alphonce lusako vs attorney general 2022 tzhc 15882 18 august 2022
Parties
Petitioner: Alphonce Lusako; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2022
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Petition dismissed for want of jurisdiction
Legal Topics
Jurisdiction, Affidavit Defects, Separation of Powers, Constitutional Amendment
Source Language
English
Constitutional Law Civil Procedure Jurisdiction Affidavit Defects Separation of Powers Constitutional Amendment

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 2 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Alphonce Lusako

Petitioner

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit is incurably defective for lack of the name and address of the drawer
  2. 2 Whether the court has jurisdiction to determine the matter on harmonisation of constitutional provisions

Ratio Decidendi

The defect in the affidavit is procedural and curable by amendment, not fatal; however, the High Court lacks jurisdiction to order constitutional amendment or harmonise constitutional provisions as this power is vested in Parliament, not the courts.

Court Disposition

Petition dismissed for want of jurisdiction

Orders

  • Petition dismissed with costs