mary barnaba mushi vs attorney general 2023 tzhc 17410 15 may 2023

mary barnaba mushi vs attorney general 2023 tzhc 17410 15 may 2023

The High Court sitting as a single judge lacks jurisdiction to determine petitions premised on violations of basic rights and duties under Articles 12 to 29 of the Constitution; such petitions must be heard by a panel of three judges as mandated by section 10 of BRADEA.

Citation
mary barnaba mushi vs attorney general 2023 tzhc 17410 15 may 2023
Parties
Petitioner: Mary Barnaba Mushi; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 2023
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
petition struck out
Legal Topics
Jurisdiction, Constitutionality of Statute, Marital Rape, Discrimination, Public Interest Litigation
Source Language
English
Constitutional Law Criminal Law Human Rights Law Jurisdiction Constitutionality of Statute Marital Rape Discrimination Public Interest Litigation

Case Brief

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Parties

Mary Barnaba Mushi

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court sitting as a single judge has jurisdiction to determine a petition premised on violations of Articles 12 to 29 of the Constitution
  2. 2 Whether section 130(2)(e) of the Penal Code is unconstitutional for discriminating against girls aged 15-18 based on marital status

Ratio Decidendi

The High Court sitting as a single judge lacks jurisdiction to determine petitions premised on violations of basic rights and duties under Articles 12 to 29 of the Constitution; such petitions must be heard by a panel of three judges as mandated by section 10 of BRADEA.

Court Disposition

petition struck out

Orders

  • Petition struck out for want of jurisdiction; no order as to costs.